Nine jurors in California are currently deliberating the future of OpenAI, a leading artificial intelligence lab, amidst a high-stakes trial involving Elon Musk, OpenAI's cofounders Sam Altman and Greg Brockman, and Microsoft.

The proceedings have delved into a range of events, from the founders' breakup in 2018 to Altman's firing and rehiring in 2023, but the jury will focus on a specific set of legal questions.

A key part of the lawsuit is Musk’s claim that OpenAI breached its charitable mission by using his donations to support a profit-driven business rather than a non-profit focused on AI safety.

Musk’s lawyers argue the shift became clear after Microsoft invested $10 billion in OpenAI’s for-profit arm in 2023.

OpenAI denies this, saying Musk never placed specific restrictions on his donations and that private fundraising was always part of the plan.

The company also noted Musk previously explored creating a for-profit structure himself and merging OpenAI with Tesla.

A forensic accountant further testified that Musk’s donations had already been fully used by 2021, before the lawsuit began.

The lawsuit also accuses OpenAI leaders of unfairly profiting from Musk’s donations through the company’s for-profit arm.

Musk’s team points to the massive valuations tied to figures like Greg Brockman, Ilya Sutskever, and Microsoft as evidence that OpenAI shifted from a charitable mission to commercial interests.

OpenAI rejects the claim, arguing Musk’s donations were fully spent by 2020 and that stock distributions happened after he left the company in 2018.

The company says offering equity was necessary to attract top AI researchers.

And insists that the for-profit arm still supports the non-profit mission, including AI safety work. OpenAI also says its non-profit board continues to oversee the for-profit business and strengthened governance after Sam Altman’s temporary removal in 2023.

The third claim accuses Microsoft of helping OpenAI move away from its original charitable mission.

Musk’s team argues Microsoft’s close involvement, including CEO Satya Nadella supporting Sam Altman’s return in 2023 and contractual veto powers, showed the company heavily influenced OpenAI for commercial gain.

Microsoft denies knowing of any restrictions tied to Musk’s donations and says it never used veto rights, adding that its funding and computing resources helped OpenAI achieve major breakthroughs.

OpenAI also argues the lawsuit is too late under statute-of-limitations rules.

The company says Musk knew about OpenAI’s direction and Microsoft partnership years before suing, citing a 2018 deal outline, public statements, and even approvals from Musk ally Shivon Zilis. OpenAI notes Musk left his formal role in 2018 and stopped donating by 2020.

OpenAI also argues that Elon Musk waited too long to sue, claiming his 2024 lawsuit came years after the disputed events and only after OpenAI’s success with ChatGPT.

The company says it would be unreasonable to force major restructuring of a system that has existed since 2018.

OpenAI further claims Musk acted with “unclean hands,” arguing he pursued competing AI projects while still involved with OpenAI, recruited OpenAI staff for Tesla AI efforts, and allegedly withheld donations in 2017 to gain greater control over a planned for-profit arm.

The company also pointed to the undisclosed relationship between Musk and Shivon Zilis. OpenAI lawyer Bill Savitt ultimately argued that Musk “abandoned OpenAI for dead” in 2018.

The outcome of the trial remains uncertain. If Musk prevails, it could potentially lead to the dissolution of OpenAI as a for-profit entity, though the exact consequences are unclear and will be debated in subsequent hearings, a process that could be rendered irrelevant by a negative verdict.