>>> Musk Argues OpenAI Suit Should Go to Trial

Musk Argues OpenAI Suit Should Go to Trial

Lawyers for Elon Musk argued that his federal lawsuit against OpenAI and its CEO Sam Altman should proceed to a trial, according to a legal document filed Friday evening.

The latest filing responds to OpenAI’s request last month for an early legal ruling against Musk. In that document, OpenAI’s lawyers asked the court to toss out Musk’s allegations that OpenAI has violated its charitable duties—a key claim in the lawsuit—because Musk made his early donations to OpenAI through donor-advised funds, which they argue “severed Musk’s legal interest in the funds.”

Musk’s lawyers contend that he still has the right to sue, even though the donations were made through intermediaries. The donor-advised funds “never refused to make a contribution to OpenAI that Musk directed, and they never made a contribution without Musk’s direction,” they wrote. They argue that resolving this disagreement is best left to a jury during a trial in March.