OpenAI has initiated a countersuit against Elon Musk, claiming that his relentless legal actions are bad-faith attempts to undermine the organization and gain control over its AI innovations for his own benefit. In the filing, OpenAI’s legal team contends that Musk’s ongoing attacks have reached a new level, with a recent “fake takeover bid” creating unnecessary disruption to OpenAI’s future. OpenAI is seeking a court order to prevent Musk from further unlawful actions and to hold him accountable for the damage he has allegedly caused.
Musk, who was part of OpenAI’s founding team, initially launched a lawsuit last spring, arguing that the company should refocus on its mission to develop artificial general intelligence (AGI) for the benefit of humanity rather than pursuing profit-driven motives. Notably, Nilay Patel, The Verge’s editor-in-chief, called Musk’s legal claims “hilariously bad.” Musk dropped this initial lawsuit in June but returned to court with a second suit in August. In December, OpenAI responded with a blog post asserting that Musk had sought to make OpenAI a for-profit entity.
The ongoing legal battle is set to reach a crucial juncture when it goes to trial in the spring of 2026. Earlier this year, Musk made headlines by proposing a staggering $97.4 billion offer to purchase OpenAI, insisting that the organization needed to revert to its original vision of operating as an open-source, safety-focused entity. However, OpenAI’s board of directors unanimously rejected Musk’s offer, which the company’s latest countersuit describes as a “sham bid.” This legal conflict highlights the deepening divide between Musk and OpenAI as both parties navigate the complex landscape of AI development and ethical responsibility.
