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Elon Musk’s OpenAI lawsuit clears hurdle as trial looms

Elon Musk says OpenAI betrayed its nonprofit mission. Who should steer AI’s future—visionaries or shareholders?

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MINISTÉRIO DAS COMUNICAÇÕES, CC BY 2.0 , via Wikimedia Commons

Elon Musk’s lawsuit against OpenAI and CEO Sam Altman has cleared a major hurdle. Judge Yvonne Gonzalez Rogers of the Northern District of California recently rejected OpenAI’s bid to dismiss the case, setting the stage for a high-stakes trial over the AI giant’s for-profit conversion. The ruling intensifies the rivalry between two tech titans vying for dominance in artificial intelligence (AI).

Elon Musk is an OpenAI co-founder who provided significant early funding. In the lawsuit, Musk alleged that OpenAI’s shift from a non-profit to a for-profit entity violates contractual obligations and constitutes fraud. Last year, The lawsuit was filed against Altman, OpenAI, and its key investor, Microsoft, aiming to block the conversion to a for-profit company.

In March, a ruling denied Musk’s request for a preliminary injunction. However, Judge Rogers recently expedited the trial and set it for March 2026. On Thursday, she dismissed some claims but upheld key allegations, allowing the case to proceed.

“Musk adequately alleges that the defendants promised to maintain OpenAI’s non-profit status and structure in order to obtain his contributions and that they intended to do so in order to obtain the capital needed to create a for-profit venture to enrich themselves,” Gonzalez Rogers wrote.

She also rejected OpenAI’s attempt to dismiss Musk’s claim of an implied contract. “Although there is no express contract, Musk adequately pleads in the alternative that there is an implied-in-fact contract,” the California judge noted.

“In the world of litigation, this is a big win,” said a person close to Musk, highlighting the retention of “big-ticket items” like the fraud allegation.

OpenAI, which can appeal the decision, countersued Musk last month. It claims Musk’s lawsuit is a “bad-faith” effort to hinder its progress and benefit his AI venture, xAI.

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OpenAI’s push to become a for-profit public benefit corporation aims to streamline fundraising but has sparked a backlash from AI experts like Geoffrey Hinton. Former employees warn that OpenAI’s change of direction could prioritize profits over its mission to advance AI for humanity’s benefit.

Financial Times attempted to contact OpenAI and its biggest investor, Microsoft. OpenAI declined to comment, and Microsoft did not respond.

As Elon Musk and OpenAI head toward trial, the outcome could reshape the AI landscape, with implications for governance, innovation, and the balance between profit and public good.

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Elon Musk

Elon Musk updates the SpaceX timeline for Mars

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Rendering of a colonized Mars by way of SpaceX
Rendering of a colonized Mars by way of SpaceX

Elon Musk has updated his timeline for when humans will walk on Mars and for when ships will simply get there.

The objective of getting to Mars has been one of Musk’s biggest goals since becoming a serial entrepreneur and realizing that time on Earth is limited. Musk has said several times he hopes to die on Mars, and not by impact.

Musk now believes that people will be on Mars in “roughly 5 to 7 years.” He said that a Mars lander will get there “a few years sooner.”

The response from Musk comes after NASA Administrator Jared Isaacman said that SpaceX’s biggest priority is the Moon and not Mars. Because of this, Isaacman conceded that he believes nuclear power and propulsion investments will provide “potentially the pathway with the fewest miracles required to put four people on Mars in the next 10 to 15 years.”

Of course, this is what NASA can do through taxpayer funding and nuclear investments, he added.

Musk’s grand ambitions are much more optimistic than most, and it is certainly a double-edged sword. This is not the first time timelines for Mars have been somewhat lofty, especially to those normal thinkers like you and me, not super geniuses like Musk.

SpaceX Board has set a Mars bonus for Elon Musk

In fact, the SpaceX and Tesla frontman has said on at least a dozen occasions that we could be on Mars in the coming years. Musk said 2020 would be the big year as early as 2009. In 2020, he was “highly confident” of a landing in 2026, and had even said 2024 in a best-case scenario.

The point is, the range has varied, and it’s anyone’s guess when we’ll get there. This latest adjustment to the timeline is typical of Musk, and while the Moon has seemingly taken priority over Mars, it is still worth mentioning that the ultimate goal is to make life multiplanetary, and it starts potentially with the Red Planet.

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Elon Musk

Elon Musk responds to Volvo’s latest LiDAR decision

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(Credit: Tesla)

Tesla CEO Elon Musk has responded to reports that Volvo is officially discontinuing the LiDAR sensor on two of its cars.

Volvo announced that it would officially scrap LiDAR systems on its EX90 and ES90 vehicles in various markets. In Norway, owners will get a €1,800 compensation for features that will never arrive due to this decision. There will be no option to remove the unit from vehicles, either.

The issue stems from Volvo’s supplier, Luminar, and its bankruptcy filing. Luminar will no longer be able to supply LiDAR units to Volvo for the EX90 and ES90, effectively axing any use the unit has on vehicles. Volvo will phase out the data collection processes via the LiDAR system, and it will not be utilized whatsoever.

Musk saw the story on X and responded, stating:

“I did try to warn them. Humans drive using neural nets and optical sensors. Same is true for robot cars.”

Musk has been publicly vocal about his disdain for LiDAR systems, once calling them “a fool’s errand,” as he has consistently kept the outlook that they are not needed for effective self-driving.

The typical example used as evidence for this by Musk is humans themselves: made with only eyes and memories, humans are capable of navigating a car by using what they can see and what they’ve personally experienced on the road.

Elon Musk argues lidar and radar make self driving cars more dangerous

“Same is true for robot cars,” Musk says, as Teslas have eight exterior cameras that help see everything surrounding the vehicle, and a neural network that analyzes behavior and tendencies with every mile driven.

Tesla is a vision-only self-driving company that ditched sensors and radar several years ago in favor of cameras. Behind this effort, the company has established a reputation for having one of the most robust self-driving platforms in the world.

Musk’s big bet with Tesla on its self-driving program’s strategy has widely paid off. Other companies continue to utilize things like LiDAR, radar, and sensors for effective self-driving, but Tesla has shown that there is more than one way to give consumers a strong and accurate driver assistance suite.

The real question is: who will be the first company to take Musk’s advice and attempt a self-driving platform based on cameras only, or even license FSD for themselves?

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Musk’s massive Terafab project will get final location soon

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Credit: SpaceX

Elon Musk’s massive Terafab project, which will be the first true conglomeration between each of his major entities, is set to get its final location soon, the CEO said on Tesla’s recent earnings call.

“The Terafab, we expect to announce a location soon, and provide more details about our plans in that regard. We’ll leave that to the product, the launch announcement rather than try to squeeze it into an earnings call,” Musk said last Wednesday.

Tesla Terafab set for launch: Inside the $20B AI chip factory that will reshape the auto industry

Terafab was announced by Musk back in March and was essentially a massive, vertically integrated semiconductor manufacturing project that would provide all the chips the three companies needed for their AI initiatives without needing third-party companies.

The plant will produce over 1 terawatt of AI compute each year, and will help back up projects like Optimus, Full Self-Driving, and other AI-based projects that Musk’s companies are working on.

In April, less than a month after the project was launched, Intel announced it would join the project, contributing manufacturing expertise and consulting to Terafab as a whole. Intel is one of three chip manufacturers that produce sub-5 nanometer chips at scale. TSMC and Samsung are the other two.

However, there was no true indication of where Terafab would end up, but most believe it will likely be somewhere in Texas. Business Insider has reported that SpaceX plans to build out Terafab in Grimes County, Texas, but this is unconfirmed.

Musk confirmed recently that it would not be on Giga Texas property, as it is simply too large.

Terafab holds much of Musk’s grand ambitions for the future within its construct. It holds so much responsibility for the future and the biggest projects that Musk’s companies can imagine.

“I think this is a very big announcement and it deserves to have its own day in the spotlight and not be squeezed into an earnings call,” he said. “I do think Terafab is going to be an amazing initiative and a necessary one, and one without which we will be constrained in our ability to scale Optimus production, because we simply won’t have enough AI chips.”

He continued by stating that Terafab is necessary for scaling Optimus, which Musk said could be the biggest product of any kind of all time. “It’s crucial to solve that, and we’ll have to solve memory, logic, and packaging in order to scale Optimus.”

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