A federal judge has ruled that Elon Musk can take his lawsuit against OpenAI and its leaders to a jury, marking a major step forward in a closely watched legal fight over the future of artificial intelligence.
On Wednesday, US District Judge Yvonne Gonzalez Rogers said there is enough evidence for a jury to decide whether OpenAI broke its original promise to remain a nonprofit organization focused on helping the public.
The ruling means the case will move to a jury trial scheduled for March, instead of being decided by the judge alone.
Musk, a billionaire entrepreneur, helped co-found OpenAI in 2015 but left the company in 2018. He now runs xAI, a competing artificial intelligence company.
In his lawsuit, Musk claims OpenAI abandoned its founding mission when it shifted toward a for-profit structure and entered major business deals, including partnerships that brought in billions of dollars.
According to Yahoo, Judge Gonzalez Rogers said there was "plenty of evidence" suggesting OpenAI's leaders made assurances that the nonprofit structure would stay in place.
Because key facts are disputed, she said a jury should hear the case. She plans to issue a written order later addressing OpenAI's request to dismiss the lawsuit.
Musk argues that he contributed about $38 million to OpenAI in its early days, which he says made up roughly 60% of its initial funding.
He also claims he provided guidance and credibility based on the understanding that OpenAI would work for the public good, not private profit.
Musk is seeking unspecified financial damages, which he describes as repayment of "ill-gotten gains."
Elon Musk wins early battle in lawsuit against OpenAI and rival Sam Altman https://t.co/AleZ0UDTAS pic.twitter.com/1ErXfMWHD2
— New York Post (@nypost) January 8, 2026
OpenAI Leaders Deny Elon Musk Claims
The lawsuit names OpenAI CEO Sam Altman and co-founder Greg Brockman as defendants. Musk accuses them of planning a for-profit shift that benefited them personally.
The suit also points to OpenAI's restructuring and large business agreements as proof of that change.
OpenAI, Altman, and Brockman have denied the claims. They argue that Musk is a business rival who is unhappy about competition in the fast-growing AI market, NY Post reported.
They have asked the court to throw out the case, saying Musk has not shown enough proof of fraud or broken agreements.
Microsoft, which is also named as a defendant, has denied any wrongdoing. Its lawyers told the court there is no evidence the company helped OpenAI break any promises. Microsoft urged the judge to dismiss the claims against it.
Another issue for the jury will be timing. OpenAI argues Musk waited too long to file the lawsuit.
Judge Gonzalez Rogers said jurors will decide whether the case was brought within the legal time limit.
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