Elon Musk is seeking up to $134 billion from OpenAI and Microsoft, arguing that the companies profited unfairly from his early support of the artificial intelligence firm, according to a court filing made public on Friday.
In the filing submitted to a federal court ahead of a trial expected to begin in April, Musk said OpenAI gained between $65.5 billion and $109.4 billion from his contributions when he co-founded the organisation in 2015, while Microsoft gained between $13.3 billion and $25.1 billion.
Musk’s lawyer, Steven Molo, said the entrepreneur provided most of OpenAI’s seed funding, lent his reputation to the project and helped the company scale. Musk says he contributed around $38 million, representing roughly 60% of OpenAI’s early funding, and helped recruit staff and connect the founders with key contacts.
OpenAI rejected the claim, calling it an “unserious demand” and part of what it described as a harassment campaign by Musk. Microsoft did not respond to a request for comment on the compensation being sought.
Musk, who left OpenAI in 2018 and now runs rival AI company xAI, alleges that OpenAI violated its founding mission by restructuring into a for-profit entity. OpenAI has described the lawsuit as baseless, while a Microsoft lawyer has said there is no evidence the company aided or abetted any wrongdoing.
A judge in Oakland, California, ruled earlier this month that the case will be heard by a jury. Musk’s filing argues that the “wrongful gains” earned by OpenAI and Microsoft far exceed his original investment and that he is entitled to recover them. The damages calculations were prepared by Musk’s expert witness, financial economist C. Paul Wazzan.
Musk is also seeking possible punitive damages and other remedies, including an injunction, though the filing does not specify what form such an order would take.
In a separate filing, OpenAI and Microsoft asked the court to limit what Musk’s expert can present to jurors, arguing that the analysis is unreliable, unverifiable and could mislead the jury. The companies said the damages claims amount to an implausible attempt to transfer billions of dollars from a nonprofit organisation to a former donor who is now a competitor.
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