Elon directly took on OpenAI’s main defense in a logical and honest way during the Elon v. Sam Altman, OpenAI trial which you may have followed in April-May 2026. As we approach Autumn, I think you will enjoy looking back at details from the trial.
Some of my articles on the trial are linked at the end of this piece.
Sam Altman claimed that Elon “knew about” the Microsoft investments and the shift to a for-profit model
Oakland Federal Courthouse. May 14th, 2026. Day of the Closing Arguments.
Elon gave three clear, honest rebuttals that should have decided the case outcome, (except the judge chose to dismiss the case based on a technicality).
1. Knowing about something is not the same as agreeing to it.
Elon testified he was never opposed to a small for-profit part of OpenAI if it was only used "to provide funding to the nonprofit, as long as it was not the tail wagging the dog."
He said early talks about raising money did happen, but he was always assured the nonprofit mission would remain firmly in control. He read aloud a November 2015 email he sent to Sam Altman:
“Doing this as an independent, pure play 501c3… does seem to make sense to me. Please correct me if we aren’t on the same page.”
That early email from 2015 is evidence that the original deal was charity-first.
2. “I was a fool”
Elon told the jury he donated roughly $38 million because he truly believed OpenAI would remain a pure nonprofit dedicated to the benefit of all humanity.
In his own words:
“I was a fool who provided them free funding to create a startup. I gave them $38 million of essentially free funding to create what would become an $800 billion company.”
He trusted the founding promises. He believed OpenAI would stay true to its original charitable mission, to stay open. It is, after all, written right into the name: OpenAI.
3. “It’s not OK to steal a charity”
Elon stood firm that even if he did not sue the moment things started changing, that does not make the shift right. In other words,
Waiting to sue does not make the conversion lawful.
He accurately called the transformation “stealing a charity.” He was played a fool for trusting Sam Altman’s assurances that they were staying on the original mission.
The core issue, Elon said, is simple: you cannot quietly convert a nonprofit created for the public good into something else for private gain.
Since that day, here are a few more comments that Elon has made in reference to the shady dealing of Sam Altman, Greg Brockman, and OpenAI.
In reply to Katie Miller about his companies as philanthropy, Elon posted on May 20th,
"I created OpenAI as a nonprofit. If it had not been mostly stolen, it would represent a trillion dollar contribution to charity! At least we forced them to donate a few hundred billion dollars of the OpenAI for-profit to the Open AI charity".
In reply to @teslaownersSV where the news is relayed that OpenAI decided to end its Cursor partnership after SpaceX acquired the company. That partnership will end on November 12th this year. Elon posted on Aug 28,
"I couldn't care less. Scam Altman and Greg Stockman are utterly untrustworthy assholes who stole an open source nonprofit".
And, in what may have been an awkward moment for Sam "Scam" Altman and Greg "Stockman" Brockman, they were both invited to rub shoulders with Elon in the White House at a State Dinner on September 24 and a White House Lunch with President Trump on Super Intelligence on September 29th (Brockman only). In both occasions, Elon was seated in the highest place of honor next to the president. Elon is a trustworthy advisor to the American president. The seating is more than symbolic. It indicates proximity to decision making, and accomplishment.
Elon's Dream Legal Team, Who are they?
Shivon's Expert Testimony in the Case
Satya Nadella on the Stand with Molo questioning
The Classic Corporate Spin by Microsoft's Kevin Scott in the Musk v Altman Case