Kristina Roberts
A U.S. federal judge has decided that billionaire Elon Musk will still have to face legal claims from OpenAI, the artificial intelligence company he helped start in 2015 but left before it became famous for its chatbot, ChatGPT.
On Tuesday, Judge Yvonne Gonzalez Rogers ruled against Musk’s request to dismiss OpenAI’s accusations. The company says Musk has been carrying out a “years-long harassment campaign” against it. This campaign, according to OpenAI, involved public comments, posts on social media, legal complaints, and even what they call “a sham bid for OpenAI’s assets” – all done with the aim of damaging the company’s reputation and operations.
This is the latest development in a legal fight that began last year and has been growing more intense over time. The dispute between Musk and OpenAI has caught the attention of the tech world because of Musk’s role as one of the company’s co-founders and because of OpenAI’s massive influence in the artificial intelligence industry.
Musk, who is the CEO of Tesla and SpaceX, sued OpenAI and its CEO Sam Altman last year. He claimed that the company had changed its original mission. According to Musk, OpenAI was founded to create artificial intelligence that benefits humanity as a whole, not to make money. He says the company’s move to a “for-profit” model went against the promises made at the beginning.
In response, OpenAI took legal action of its own. In April this year, the company filed a countersuit accusing Musk of using dishonest business methods under California law. The AI firm said Musk’s actions were intended to weaken OpenAI’s standing in the industry and mislead the public about its goals.
Musk tried to get this countersuit thrown out or at least delayed until a later stage in the case. His legal team argued that the claims were either not strong enough or should not be considered at this point in the proceedings. However, OpenAI disagreed. In May, the company told the court that its case should continue without delay. The judge’s latest decision supports OpenAI’s view, stating that the accusations have enough legal weight to move forward.
Judge Gonzalez Rogers’ ruling means that Musk will have to answer to these claims in court. The decision does not decide who is right or wrong in the larger dispute, but it does mean that OpenAI’s side of the story will be fully heard and examined during the trial.
The tension between Musk and OpenAI is not new. Musk left the company in 2018, citing possible conflicts of interest with Tesla’s work on AI. At that time, OpenAI was still operating as a non-profit organisation focused on safe and fair AI development. Things changed in 2019 when OpenAI introduced a new for-profit arm, called OpenAI LP, to raise more funds for research and technology growth. Musk has since criticised the company’s direction, especially after it began partnering with major corporations like Microsoft.
Musk’s lawsuit against OpenAI in 2024 brought these disagreements into a courtroom. He accused the company of abandoning its original principles and becoming a business driven by financial gain rather than public benefit. OpenAI, in turn, painted Musk as someone trying to disrupt its progress and tarnish its public image.
The accusation of a “harassment campaign” is at the heart of the current countersuit. OpenAI claims that Musk used his large social media following and influence in the press to repeatedly attack the company’s credibility. They also say Musk tried to acquire OpenAI’s assets in a deal that was not genuine but aimed at undermining the company from within.
For Musk, the fight is also about control and influence in the AI field. As someone who has been warning about the dangers of artificial intelligence for years, Musk has argued that AI development must be handled carefully and transparently. His criticism of OpenAI often links back to his belief that the company is now too secretive and too closely tied to big corporate interests.
However, OpenAI maintains that its work is still aligned with its core mission – to ensure that artificial general intelligence benefits humanity. The company says that its for-profit structure is a way to secure the huge funding needed for AI research, which cannot be achieved through donations alone. According to OpenAI, without partnerships and investment, their groundbreaking projects would not be possible at the scale they aim for.
The case is likely to take months, or even years, to fully resolve. Legal experts say that both sides will now begin presenting evidence and witness statements to support their claims. The process will involve examining Musk’s public comments, posts on platforms like X (formerly Twitter), and any business proposals linked to OpenAI. The court will also consider whether Musk’s actions meet the legal definition of harassment or fraudulent practices under California law.
Public reaction to the dispute has been divided. Some people support Musk, agreeing that OpenAI has strayed from its founding vision and become too focused on making money. Others side with OpenAI, arguing that the company has the right to adapt its business model to survive in a competitive tech industry while still working towards its original goals.
What makes this case stand out is not just the legal battle but also the personal history between the two sides. Musk was there when OpenAI began, helped shape its early mission, and supported it financially in the beginning. His later criticisms, combined with OpenAI’s allegations of harassment, create a conflict that mixes business disagreements with personal tension.
As the case moves forward, both Musk and OpenAI are expected to face intense public scrutiny. The outcome could influence how technology companies handle disputes involving founders who leave but still play a major role in the industry’s conversation. It could also shape the way courts view public criticism and its limits when it comes from influential figures.
For now, Judge Gonzalez Rogers’ decision ensures that the courtroom will remain the main stage for this fight. Musk cannot walk away from OpenAI’s claims at this point, and the company will have the opportunity to present its full case. The legal journey ahead will determine not only who wins but also how the story of OpenAI’s transformation – and Musk’s opposition to it – will be remembered.
