Elon Musk has reportedly withdrawn fraud allegations against OpenAI and its co-founders Sam Altman and Greg Brockman, narrowing the scope of his lawsuit just before the trial begins.

According to reports, US judge Yvonne Gonzalez Rogers has allowed Musk to streamline the case, leaving only two claims from the 26 included in his November 2024 complaint. The remaining claims are unjust enrichment and breach of charitable trust.

Jury selection is expected to begin on Monday in a federal court in Oakland.

Musk has accused OpenAI of moving away from its original non-profit mission of benefiting humanity after receiving billions in funding from Microsoft and shifting toward a for-profit structure.

He is reportedly seeking damages of up to $134 billion, which he says should go to OpenAI’s charitable arm if he wins the case. Musk has also asked the court to restore the company’s nonprofit status and remove Altman and Brockman from leadership roles.

OpenAI, along with Altman, Brockman, and Microsoft, has denied the claims, calling them baseless and accusing Musk of making last-minute demands before the trial.

The trial will happen in two stages. First, a jury will hear the remaining claims and provide a non-binding advisory verdict. In the second stage, the judge will decide what remedies, if any, should be granted.


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Musk co-founded OpenAI in 2015 but left its board in 2018. He later launched rival AI company xAI in 2023, increasing competition in the fast-growing AI industry.

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