- OpenAI has filed a counterclaim against Elon Musk's lawsuit. The company argues that Musk is running a "campaign of harassment."
- On X, OpenAI stated, "Elon’s nonstop actions against us are just bad-faith tactics to slow down OpenAI."
- The trial between Elon Musk and Sam Altman is scheduled to begin in the spring of 2026.
On Wednesday, OpenAI filed a counterclaim against Elon Musk’s lawsuit in the Northern District of California. OpenAI argues that Musk has “set in motion a campaign of harassment, interference, and misinformation designed to take down OpenAI and clear the field for himself.”
On X, OpenAI stated, “Elon’s nonstop actions against us are just bad-faith tactics to slow down OpenAI and seize control of the leading AI innovations for his personal benefit. Today, we counter-sued to stop him.”
In the lawsuit, OpenAI has argued:
Musk could not tolerate seeing such success for an enterprise he had abandoned and declared doomed. He made it his project to take down OpenAI, and to build a direct competitor that would seize the technological lead—not for humanity but for Elon Musk.
In case you are unaware, Elon Musk was one of the co-founders of OpenAI, but he left after failing to become the CEO and take control of the company. Since then, Musk has repeatedly tried to poach OpenAI employees and put a roadblock on the company’s future.
In February 2024, Musk filed a lawsuit against OpenAI and Sam Altman, alleging that the company breached its founding principles and prioritized profits over AI safety. However, in June, Musk dropped the lawsuit voluntarily. In August, though, Musk revived his lawsuit against OpenAI, arguing that Musk was “manipulated” into co-founding OpenAI.
Musk claims that he chose to invest in OpenAI because it was a “non-profit” company, but OpenAI is now chasing profits along with Microsoft. However, in December, OpenAI shared a blog post revealing that Musk himself wanted a “for-profit” company.
OpenAI’s counterclaim is a response to this lawsuit. The trial is set to begin in the spring of 2026. Meanwhile, in February 2025, Elon Musk made an unsolicited offer of $97.4 billion to acquire OpenAI, but OpenAI’s board rejected the bid unanimously and said the company is not for sale.
