Judge denies Musk's request for court to block OpenAI's conversion to for-profit business

Federal judge denied the request for a court order, but remains open to lawsuit.

Published: March 5, 2025 4:28pm

A federal judge for the Northern District of California has denied a request filed by billionaire entrepreneur Elon Musk for a court order to prevent OpenAI from going through with its for-profit conversion, but offered to expedite a trial for the lawsuit over his investments in the company.

U.S. District Judge Yvonne Gonzalez Rogers, who blocked the order Tuesday, said that similar orders are rarely granted and that Musk had not given enough evidence to warrant the action.  

The judge did, however, offer to expedite the trial for a lawsuit filed against the tech company by Musk to fall of 2025 "given the public interest at stake and potential for harm."

"I don't know what happened, but I certainly am not throwing something out on a motion to dismiss when it is plausible that what Mr. Musk is saying is true," Gonzalez-Rogers said. "We'll find out. He’ll sit on the stand. He'll present it to a jury. A jury will decide who's right."

Musk, who was a cofounder of OpenAI and invested $45 million in the company, filed a lawsuit against the company over plans to transition to a for-profit business model in 2024.  

The lawsuit alleges that OpenAI's for-profit conversion is a breech of contract because of its origins as a nonprofit intended to facilitate free collaboration.  

Musk has also offered a $97.4 billion unsolicited bid to buy the company to ensure that it remains a non-profit.

OpenAI was founded by a group of 11 tech investors and entrepreneurs in 2015 as a nonprofit with the mission to promote free collaboration and information.  

The company was originally cochaired by Musk and Sam Altman, who is the current CEO.  Under Altman's leadership, the company transitioned to a "capped" for-profit model in 2019 and announced plans to become a full for-profit company in 2024.

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