Elon Musk's Lawsuit Against OpenAI: What You Need to Know

By Patricia Miller

Jan 17, 2026

2 min read

Elon Musk's lawsuit against OpenAI shows a 68% probability of success as new evidence reveals internal discussions about profit models.

A recent report reveals a significant 68% probability for Elon Musk's potential success in his lawsuit against OpenAI. This shift follows the emergence of new court documents suggesting that OpenAI's leadership had considered transitioning to a for-profit model much earlier than they previously indicated publicly.

The prediction market Kalshi tracked these odds closely, with Musk’s chances briefly climbing to 72% as investors responded to the shocking details disclosed in the filings. The documents, submitted by Musk’s team, included personal notes from Greg Brockman, co-founder and president of OpenAI. These notes imply an internal acknowledgement of plans that contradicted OpenAI's stated commitment to a nonprofit structure.

In a specific diary entry dated November 2017, Brockman indicated uncertainty about maintaining a long-term dedication to the nonprofit mission. His concerns extend to the financial implications of transitioning models, showcasing a conflict between OpenAI's declared mission and its financial aspirations. Furthermore, Brockman anticipated potential conflicts, particularly with Musk, and expressed anxiety about their collaborative environment.

In light of these revelations, OpenAI issued a blog post addressing the situation, suggesting Musk had previously supported a for-profit approach in 2017. They contended that Brockman's notes represented internal deliberations post-negotiation breakdown, rather than a premeditated effort to deceive Musk.

The legal atmosphere surrounding this case intensified recently when a federal judge authorized Musk’s lawsuit to proceed. This ruling underscores claims that OpenAI has breached its nonprofit obligations through acceptance of Microsoft funding and considerations for profit-oriented strategies. Investors and followers of this developing story will benefit from closely monitoring these proceedings as they unfold.

Important Notice And Disclaimer

This article does not provide any financial advice and is not a recommendation to deal in any securities or product. Investments may fall in value and an investor may lose some or all of their investment. Past performance is not an indicator of future performance.