'Precedent to Loot': Elon Musk Reacts to OpenAI Ruling

Elon Musk has strongly criticized the jury’s verdict that rejected his lawsuit against OpenAI, announcing he will appeal the decision to the Ninth Circuit Court of Appeals. In a post on X shortly after the verdict, Musk argued that the jury and judge never addressed the core merits of his case, instead dismissing it on a statute of limitations technicality.“Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality,” Musk wrote.“There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question is WHEN they did it!”Musk described the ruling as “incredibly destructive to charitable giving in America”

and said it sets a dangerous precedent that allows people to loot charities if they can keep it quiet for a few years.“I will be filing an appeal with the Ninth Circuit, because creating a precedent to loot charities is incredibly destructive to charitable giving in America,” he added.“OpenAI was founded to benefit all of humanity.”

Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case, just on a calendar technicality. There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question…

— Elon Musk (@elonmusk) May 18, 2026

Background on the VerdictA federal jury in Oakland unanimously rejected Musk’s claims against OpenAI and CEO Sam Altman on Monday, finding that he filed the lawsuit after the statute of limitations had expired. The nine-person panel deliberated for less than two hours.Musk had accused OpenAI of betraying its original nonprofit mission by converting into a for-profit company, alleging that Altman and President Greg Brockman improperly enriched themselves in the process. He sought to unwind the company’s for-profit structure and remove its top leaders.OpenAI’s legal team argued that Musk had known about and even supported the for-profit shift years earlier, only filing suit after being rejected from gaining control of the company.U.S. District Judge Yvonne Gonzalez Rogers accepted the verdict and dismissed the case. Musk’s attorneys said they will reserve the right to appeal.What’s NextWhile the verdict clears a major legal hurdle for OpenAI and paves the way for its potential IPO, Musk’s promised appeal could prolong the high-profile battle between two of Silicon Valley’s most powerful figures.