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Judge Slams Musk and Altman for Over-Litigation in OpenAI Lawsuit

In a Northern California court hearing, Judge Yvonne Gonzalez Rogers admonished Elon Musk and Sam Altman for “gamesmanship,” striking 16 of Altman’s 55 defenses in Musk’s fraud lawsuit. Musk alleges OpenAI misled him to fund a non-profit before secretly forming for-profit affiliates. Jury selection begins March 30.

Published July 31, 2025 at 05:11 AM EDT in Artificial Intelligence (AI)

In a recent hearing in federal court, U.S. District Judge Yvonne Gonzalez Rogers chastised Elon Musk and Sam Altman for what she termed “gamesmanship,” accusing both sides of over-litigating Musk’s fraud lawsuit against OpenAI. The ruling granted Musk’s motion to strike 16 of Altman’s 55 defenses, narrowing the dispute ahead of jury selection.

Court Rebukes Over-Litigation

Judge Gonzalez Rogers made it clear that she would not waste judicial resources on tactics meant to distract from the central issues. She described the parties’ filings as “irrelevant, redundant, insufficient, or immaterial” and pared down Altman’s defenses from 55 to 39.

Tale of Altruism vs. Greed

Musk argues he co-founded OpenAI in 2015 under the belief it would remain a non-profit dedicated to safe AI research. He alleges Altman built a network of for-profit affiliates, seized control of the board, and diverted technology and talent for personal financial gain.

Key Allegations

  • Musk was misled about OpenAI’s non-profit status and mission.
  • Secret for-profit affiliates allegedly siphoned off value.
  • Self-dealing on the part of OpenAI leadership.
  • Talent and technology diverted from the non-profit arm.

Judge’s Ruling and Next Steps

The judge granted Musk’s motion to strike certain defenses but rebuked his team as well for attempting to remove all defenses at once. Jury selection is scheduled for March 30. Both sides now head into the next phase with a leaner set of arguments.

Implications for AI Governance

This showdown underscores the importance of transparent corporate structures in AI organizations. As high-stakes investments and partnerships multiply, clear governance and compliance measures can mitigate costly legal battles.

For developers and investors alike, this case is a cautionary tale. Unclear contracts or board charters can become battlegrounds when billions of dollars and public trust are on the line.

Strategies to Avoid Legal Pitfalls

Organizations can learn from this case by auditing board oversight, documenting funding commitments, and establishing clear policies around profit generation. QuarkyByte’s analytical approach helps tech leaders design governance frameworks that align mission, compliance, and growth objectives.

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