OpenAI is pushing back hard against Elon Musk’s latest lawsuit, publishing a detailed timeline and old emails that paint a very different picture than the one Musk has been presenting in court. The core of their argument? Musk didn’t just want OpenAI to become a for-profit company—he wanted to be the one in charge of it, and he walked away when he couldn’t have total control.
The timeline starts in November 2015, with Musk questioning the nonprofit structure from the very beginning, suggesting a “standard C corp with a parallel nonprofit” would be better. By early 2017, OpenAI’s leadership, including Sam Altman and Ilya Sutskever, realized that building artificial general intelligence would require billions in compute power—far more than a nonprofit could realistically raise. That summer, everyone, including Musk, agreed a for-profit structure was the next logical step.
That’s where the alignment ended. In the fall of 2017, Musk’s demands came into focus: he wanted majority equity, absolute control, and the CEO title. OpenAI says it rejected these terms because giving one person unilateral control over the technology and the organization was directly contrary to its mission. Musk didn’t take the rejection quietly. By January 2018, he was telling OpenAI it would certainly fail unless it merged with Tesla, and he resigned as co-chair the following month.
Now, with OpenAI leading the field and Musk’s own xAI in the race, the company’s message is blunt. They have “great respect” for his early contributions, but they’re arguing the courtroom isn’t the place to win the AI race. The subtext is clear: Musk’s current lawsuit is less about the original mission and more about a competitor trying to slow down the frontrunner.
