Atlas record: https://www.aitimeline.dev/en/events/evt-0352/
Law and regulation · May 18, 2026
A jury rejects Musk's claim against OpenAI
An advisory jury found Musk's claims against Altman, Brockman and OpenAI, for breach of charitable trust and restitution for unjust enrichment, barred by the statute of limitations, and the judge adopted its verdict.
Why it matters
The industry's loudest personal quarrel reached a verdict, and established nothing about whether the non-profit promise was broken.
Musk argued that the founders had turned a charity into their own profit. The jury never reached the questions of liability: it answered only that both claims were time-barred. The trial sheet has it deliberating at 8:58 on the morning of 18 May and returning the verdict at 10:23. The jury was advisory; Judge Yvonne Gonzalez Rogers adopted its verdict as her own findings and confirmed this in an order of 20 May. That evening Musk wrote on X that the judge and jury had "never actually ruled on the merits of the case, just on a calendar technicality" and promised an appeal to the Ninth Circuit, and his lawyers asked the court the next day to certify the decision for appeal. For the timeline that is the point: whether the ownership of a laboratory founded as a non-profit may lawfully be changed is still unanswered. The trial is over, but the case is not: other claims, antitrust among them, were left for a later phase and sent to mediation in July.
Event record
- Event date
- May 18, 2026
- Timeline date
- Event date
- Verification
- Sources gathered automatically · September 27, 2026
- Lines
- ID
- evt-0352
The advisory jury's verdict in Oakland, California, on 18 May 2026, by the court's stamp on the verdict form and by the docket entry.
Sources
- primary Verdict Form, Musk v. Altman et al., No. 4:24-cv-04722-YGR (ECF 572)
U.S. District Court, Northern District of California (RECAP copy) · Published May 18, 2026
- primary Civil Minutes and Trial Sheet, 18 May 2026, Musk v. Altman et al. (ECF 576)
U.S. District Court, Northern District of California (RECAP copy) · Published May 18, 2026
- primary Post-Trial Order re: Advisory Verdict, Musk v. Altman et al. (ECF 580)
U.S. District Court, Northern District of California (RECAP copy) · Published May 20, 2026
- primary Elon Musk (@elonmusk) on X: 'Regarding the OpenAI case, the judge & jury never actually ruled on the merits of the case...'
X (Elon Musk's own account) · Published May 18, 2026
- secondary Jury hands victory to Sam Altman and OpenAI in battle with Elon Musk
The Guardian · Published May 2026
Related events
Earlier
- Related The protocol passes into shared ownership 2025
The argument over who owns a laboratory ended in the year the protocol between laboratories passed into shared ownership.
- Related OpenAI is founded 2015links to this record
One of the two co-chairs named in this announcement went to court against the organisation being founded here, eleven years later.