OpenAI filed a countersuit Wednesday against Elon Musk, accusing him of a campaign of harassment and asking a federal judge to block him from taking any further “unlawful and unfair action” in the ongoing legal fight over the company’s structure and future.
The filing claims Musk has inflicted damage through social media attacks, legal pressure, and a rejected bid to acquire OpenAI’s assets, and asks the court to hold him accountable. OpenAI said Musk’s actions amount to a coordinated effort to “harm OpenAI” through public smear campaigns, legal demands, and “a sham bid” to take control of the company.
The dispute stems from Musk’s opposition to OpenAI’s transition to a for-profit model, which the company argues is necessary to complete a $40 billion fundraising round by year’s end. Musk helped cofound OpenAI in 2015 but left before it rose to prominence and later launched a rival company, xAI, in 2023.
Musk’s legal team defended a $97.4 billion acquisition offer earlier this year, which OpenAI rejected. His attorney Marc Toberoff argued that if the board had genuinely evaluated the proposal, “they would have seen how serious it was,” adding that OpenAI’s resistance to accepting fair market value “interferes” with its own business plans.
The countersuit was filed in federal court in the Northern District of California, where Musk’s original lawsuit is already underway. A jury trial is expected to begin next spring.
Musk originally sued OpenAI and CEO Sam Altman last year, accusing them of abandoning the company’s founding mission to serve humanity rather than corporate interests. OpenAI and Altman have denied those claims and argue that Musk’s lawsuit is intended to hinder a competitor.
