Musk: Will Donate All Winnings to Charity if Lawsuit Against OpenAI Succeeds! Court Rules Maximum Claim of 109 Billion Dollars

Elon Musk publicly stated on X that if he wins the lawsuit against OpenAI, all compensation will be donated to charity, and he will not profit in any way; at the same time, a preliminary ruling was made at a court hearing in California on March 13, confirming the validity of expert estimates of damages up to $109 billion. The case is scheduled for jury trial on April 28.
(Background: Musk publicly defends OpenAI online: Former “top supporter” demands $134 billion, but his sentiment ultimately succumbs to business?)
(Additional context: Musk files for a restraining order to “prevent OpenAI from transforming into a for-profit company,” listing four major accusations: monopolizing the AI market, benefiting Microsoft…)

On March 16, Musk posted on X, publicly clarifying his stance on the lawsuit for the first time: “Any winnings will be donated to charity, and I will not profit in any way.”

His statement comes at a sensitive time, just six weeks before the jury trial begins on April 28.

The core accusation from Musk is that OpenAI’s current CEO Sam Altman and partner Microsoft have “betrayed” OpenAI’s original non-profit mission, shifting the organization toward a profit-driven structure for commercial gain.

Since Musk is one of the co-founders of OpenAI, involved in its establishment in 2015 with about $38 million, and left the board in 2018.

Judge rules that the $109 billion damages report is valid, but the figure “may be baseless”

On March 13, Judge Yvonne Gonzalez Rogers in Oakland, California, held a four-hour pre-trial hearing to handle dozens of motions and made an initial ruling on key evidence.

The judge did not exclude expert testimony from Musk’s side, including economist C. Paul Wazzan from Berkeley Research Group, who estimated damages.

This report estimates that if the jury finds OpenAI in breach, OpenAI should pay up to $109 billion.

C. Paul Wazzan also estimated that Microsoft should pay $25 billion, but the judge has not yet ruled on this, and these two figures form the main basis for Musk’s claimed damages of $134 billion.

However, the judge’s attitude does not fully support Musk’s side. Gonzalez Rogers explicitly stated that even if Musk wins, the actual damages could be far less than $109 billion, due to reasons including:

• Some claims may be barred by statutes of limitations
• The jury might determine Musk is only partially responsible for OpenAI’s success
• The judge also preliminarily ruled that Musk cannot seek punitive damages

Both OpenAI and Microsoft deny all allegations, emphasizing that the company’s transformation aligns with its mission and that no promises have been broken.

Why fight a lawsuit if not for money?

Musk declared that any winnings would be donated. Supporters see this as proof that his motivation is about principles rather than business competition. Critics point out that Musk’s own xAI is a direct competitor of OpenAI.