OpenAI Countersues Elon Musk in Battle Over AI Competition

OpenAI Counter-sues Elon Musk Over Competing AI Ventures

OpenAI has initiated legal action against Elon Musk, one of its former co-founders, in response to what it describes as his ongoing efforts to undermine the organization. In a filing submitted yesterday to the Northern District of California, OpenAI alleges that Musk has engaged in a “relentless” campaign aimed at dismantling OpenAI since his departure from the company.

OpenAI’s statement reads, “Elon’s persistent actions against us are bad-faith tactics designed to decelerate OpenAI and seize control of leading AI innovations for personal gain.” The organization is seeking legal remedies, including an injunction against Musk’s purportedly unlawful actions and compensation for the damages incurred.

The Origins of OpenAI and Musk’s Departure

The legal documents outline the founding of OpenAI in 2015, a vision developed by CEO Sam Altman and President Greg Brockman to create an AI lab focused on artificial general intelligence (AGI)—intended to surpass human capabilities for the benefit of all. Musk was initially involved, contributing to the startup with a pledge of $1 billion and serving on its initial board.

However, tensions arose, especially between 2017 and 2018, when Musk’s demands for “absolute control” over OpenAI were reportedly rejected. The filing quotes Ilya Sutskever, then-Chief Scientist, warning Musk against his vision of establishing an “AGI dictatorship.” Musk ultimately resigned in February 2018, asserting that the venture would fail without him and that he would pursue AGI at Tesla. OpenAI claims that Musk’s promised $1 billion never materialized.

Restructuring and OpenAI’s Growth

In response to rising operational costs, OpenAI created a “capped-profit” entity in 2019 to secure investments while ensuring it remained aligned with its nonprofit mission. Musk was offered equity in this new structure but chose to decline without objections.

Following Musk’s exit, OpenAI achieved significant breakthroughs with models such as GPT-3, ChatGPT, and GPT-4, gaining both public attention and critical acclaim. OpenAI claims these accomplishments fueled Musk’s subsequent hostility.

Musk’s Alleged Campaign Against OpenAI

The court filing details several actions by Musk that OpenAI believes are part of a targeted effort to harm the organization:

  • Founding xAI: Musk established a rival company, xAI, in March 2023.
  • Moratorium proposal: Shortly after, he backed a call for a halt on AI development beyond GPT-4, perceived by OpenAI as a tactic to slow down their progress.
  • Confidential document requests: Musk allegedly sought confidential information from OpenAI under the pretense of concern while secretly advancing his own project.
  • Social media attacks: He utilized his platform, X (formerly Twitter), to launch “press attacks,” branding OpenAI as a “lie” and a “scam.”
  • Legal disputes: Musk filed lawsuits, first in state court then at the federal level, which OpenAI regards as baseless claims regarding a “Founding Agreement.”
  • Regulatory actions: He purportedly encouraged state Attorneys General to examine OpenAI and push for an asset auction.
  • Questionable bid: In February 2025, Musk’s consortium reportedly made a $97.375 billion offer for OpenAI, Inc.’s assets, which OpenAI dismissed as a “sham”—lacking genuine financing and aimed solely at disrupting OpenAI’s activities.

Involved parties reportedly acknowledged that the bid was intended for “discovery.” In light of these claims, OpenAI has leveled two primary counterclaims against both Elon Musk and xAI:

Unfair Competition: OpenAI alleges that the so-called “sham bid” represents an unfair and fraudulent business practice according to California laws, aimed at undermining OpenAI and giving xAI an unjust advantage.

Tortious Interference with Prospective Economic Advantage: The claim asserts that the sham bid deliberately interfered with OpenAI’s ongoing and potential relationships with investors, employees, and customers. OpenAI contends that Musk’s activities necessitated the diversion of resources and incurred financial damage, asserting that his actions pose a risk of “irreparable harm” to their mission, governance, and vital business connections.

The filing also raises issues regarding xAI’s safety track record, referencing incidents where its AI Grok has produced harmful content and misinformation. OpenAI argues that Musk’s intentions are not aligned with the mission but instead highlight his personal agenda. Allegations suggest he attempted to seize control of OpenAI and integrate it with Tesla as a commercial entity—documents purportedly support this claim. After being unsuccessful, Musk is said to have exited the situation abruptly.

This countersuit signifies a significant intensification of the legal conflict between the AI trailblazer and its former co-founder. Initially, Musk had filed a lawsuit against OpenAI, claiming it betrayed the foundational non-profit and open-source values. Now, however, OpenAI maintains that Musk is engaging in self-serving tactics to destabilize a rival he could not control.

With billions at stake and the future trajectory of artificial general intelligence (AGI) hanging in the balance, it’s clear this legal battle is far from resolved.

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