Two alpha males in court: Elon Musk versus Sam Altman. Image: keystone
Elon Musk and OpenAI boss Sam Altman have been arguing for years – so far mainly on social media. A federal court in California will hear her case starting Tuesday. It’s about billions, about betrayal and about who gets control of the most powerful technology in the world.
April 28, 2026, 8:55 p.mApril 28, 2026, 8:55 p.m
The tone between the two tech billionaires was rarely objective. On Monday, Musk again referred to Altman as “Scam Altman” on his platform X. But starting Tuesday, the conflict moves to a federal courtroom in Oakland, California. A process begins there that should last up to a month. Both men will testify in person.
Common beginning, bitter end
Musk and Altman co-founded OpenAI in 2015 as a nonprofit organization with the goal of developing artificial general intelligence – AI that surpasses human intelligence – for the benefit of all humanity. Altman, who was 14 years younger than Musk at the time and best known in Silicon Valley circles, launched the idea for OpenAI. He is said to have once described Musk as his role model.
The collaboration didn’t last long. Musk left the company in 2018 after an internal power struggle. OpenAI states that Musk sought sole control as CEO – and failed. Musk himself wrote in an internal email shortly before his departure: “Either do something on your own or continue to run OpenAI as a non-profit. I’m no longer funding this.”
The accusation: betrayal of the mission
In 2022, OpenAI released ChatGPT – triggering a global AI revolution. Within a few months, the chatbot had 100 million monthly users. Musk had long since left the company and was watching the rise of his former project from outside.
In 2024 he filed a lawsuit. His accusation: OpenAI betrayed its charitable mission and instead focused on maximizing profits for the benefit of the investor Microsoft. Musk says he invested around $40 million in the company after being deceived by the founders. He is calling for billions of dollars in ill-gotten gains – to be funneled into OpenAI’s charitable arm – as well as Altman’s expulsion.
OpenAI rejects the allegations. The company accuses Musk of acting out of jealousy and remorse because he once left the company himself. In fact, Musk now has a direct competitor, xAI, which is developing the chatbot Grok.
Conflict of interest and juicy details
Judge Yvonne Gonzalez Rogers, who is presiding over the case, has already made it clear that the wealth and prominence of those involved will not earn them “any special treatment.” She has also publicly pointed out a possible conflict of interest: Musk tried to buy OpenAI for $97.4 billion last year – the company refused.
“Musk has attempted to take over OpenAI several times and has been rebuffed each time,” says Columbia Law Professor Dorothy Lund. “It is not unreasonable to question his motives.”
In addition to Musk and Altman, Microsoft boss Satya Nadella and former OpenAI executives will also testify in court. On the sidelines, bizarre details are causing a stir: According to the court decision, Musk’s ketamine consumption will not be admitted as evidence. One of his lawyers is said to be a part-time clown, another is a Hollywood producer.
What is at stake
The outcome of the trial could extend far beyond the two disputers. OpenAI is approaching a market value of around $850 billion. Whoever controls – or weakens – the company has a significant influence on the global race to develop general artificial intelligence.
“If Musk wins, it could lead to the defeat of one of his main competitors in the race for AGI,” says Rose Chan Loui of UCLA University. “Whoever wins this race will have a lot of power.”
Conflict researcher Sarah Federman from the University of San Diego compares the dispute to the clash between two movie monsters: “In King Kong vs. Godzilla, all the little people are running away while the giants are fighting. “One person wins in the end – but what’s left is a path of devastation that the rest of us have to live with.” (mke)