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Musk v. Altman Fight Heads to Appeal With Core Claims Untested
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May 20, 2026
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5:08Now PlayingA jury rejected Elon Musk’s claims that OpenAI under Sam Altman’s leadership betrayed its mission to benefit the public by morphing into a for-profit business, finding that he waited too long to sue the company.
It may be remembered as the first antitrust case of the artificial intelligence era, even though antitrust appears nowhere in the complaint. The antitrust question raised by Musk isn’t whether OpenAI abandoned its founding mission. It’s whether the companies at the frontier of AI will become independent competitors or remain financially, technologically, and operationally dependent on today’s tech giants.
In a post on X this week, Musk said that he will be filing an appeal with the Ninth Circuit court, noting “the judge and jury never actually ruled on the merits” of the OpenAI case. For a closer look, we speak with Matthew Schettenhelm, Media Litigation Analyst for Bloomberg Intelligence.
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