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Elon Musk has refiled and amended his lawsuit against OpenAI, an AI research company he co-founded, introducing a host of new defendants, including Microsoft, Reid Hoffman, Dee Templeton, and Rob Bonta. The amendment complaint, filed in the federal court of Oakland, California, accuses OpenAI of abandoning its founding non-profit mission in favour of monopolistic practices allegedly orchestrated in collaboration with Microsoft and key figures in Silicon Valley.
Musk’s lawsuit contends that OpenAI, established in 2015 to research and develop artificial intelligence “for the benefit of humanity,” has strayed far from its original mission. Instead, Musk alleges, it has become a for-profit entity entwined with Microsoft in what he describes as a ‘de facto merger.’
According to the suit, this relationship, unfairly excludes competitors like Musk’s xAI, from critical resources such as Microsoft’s computing infrastructure.
The filing further accuses OpenAI of extracting promises from investors not to support rival AI companies and leveraging its partnership with Microsoft to exchange “competitively sensitive information” in a manner that Musk argues violates antitrust laws.
Apart from Microsoft, the amended complaint names new defendants, including:
- Reid Hoffman: LinkedIn co-founder and former OpenAI board member, who allegedly used his overlapping roles at OpenAI, Microsoft, and the investment firm Greylock Partners to gain inappropriate into competitive activities.
- Dee Templeton: A Microsoft executive and former OpenAI board observer, accused of facilitating agreements that could breach antitrust rules.
- California Attorney General Rob Bonta: His involvement relates to OpenAI’s discussions with state regulators about its corporate restructuring.
Musk’s complaint also highlights Hoffman’s connection to Greylock’s investment in Inflection AI, a company later acquired by Microsoft, positioning it as an OpenAI rival.
Notably, the lawsuit introduces Neuralink executive Shivon Zilis — an early OpenAI board member and close Musk associate — as a co-plantiff. Zilis is cited as an “injured employee” under California law. The complaint claims Zilis repeatedly raised internal concerns about OpenAI’s dealmaking, which allegedly mirrored Musk’s criticisms.
Musk also included emails from 2018 that reveal a divisive debate among OpenAI’s leadership over the prospect of launching a cryptocurrency through an Initial Coin Offering (ICO). OpenAI CEO Sam Altman had floated the idea as a potential funding mechanism, but Musk rejected it outright warning it could irreparably damage OpenAI’s credibility.
OpenAI has dismissed the lawsuit as baseless, characterising Musk’s claims as “blusterous” and devoid of factual merit, reports TechCrunch.
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