The news, 365 days behind — on purpose Delayed live · replaying 2025

One Year Ago.AI

Remember how fast this is.

05AUG2024replayed
one year on
businessElon Musk · OpenAI · Sam Altman · Gregory Brockman · Microsoft

Musk refiles lawsuit against OpenAI and Altman, adding racketeering claims

The new federal complaint, nearly double the length of the original, alleges Musk was 'deceived' into co-founding what the complaint says became an opaque for-profit structure tied to Microsoft.

Elon Musk today filed a new lawsuit against OpenAI, Sam Altman, and co-founder Gregory Brockman in federal court in Northern California, resurrecting his legal challenge two months after dropping a nearly identical state case. The 83-page complaint accuses the defendants of racketeering, alleging they ‘deceived’ Musk into co-founding the organization under the guise of a nonprofit dedicated to safely developing artificial general intelligence, and, in partnership with Microsoft, ‘flipped the narrative’ of the company’s original mission.

‘This lawsuit bursts Defendants’ hot-air philanthropy and holds them accountable for their misrepresentations to Musk and the public,’ said Musk’s lawyer Marc Toberoff in a statement. The suit seeks a judicial declaration that OpenAI’s license to Microsoft is void and demands a constructive trust over assets traceable to Musk’s contributions. It comes after OpenAI’s board briefly fired Altman last year, with Microsoft later gaining a non-voting seat and pledging billions in investment.

Musk dropped his original lawsuit in June after OpenAI published early emails from him acknowledging the need for substantial revenue to fund AI research. The case tests how much the original nonprofit mission still matters, the complaint argues.

M
Marc Toberoff

Musk's lawyer stated that the lawsuit targets 'hot-air philanthropy' and that 'the future of AGI lies in the balance.'

O
OpenAI

CNN has reached out to OpenAI for comment.

One year later — open only if you can handle spoilers

The case would become a recurring distraction for OpenAI as it pursued its for-profit restructuring, with Musk continuing to escalate legal action through 2025. No court ever ruled on the merits of the racketeering claims before the case was reassigned to a new judge.

Replay thisPost on XRedditHNLinkedIn