In his second day on the witness stand, Elon Musk got testy with OpenAI's lawyer, William Savitt, complaining that the questions were “designed to trick me.” Because nothing says “fair trial” like simple, straightforward queries from the opposing counsel.

Musk is suing OpenAI co-founder Sam Altman and the company, alleging they betrayed the non-profit mission by pivoting to a for-profit model. OpenAI counter-claims Musk is just jealous he left in 2018 and now wants to hobble a rival with his own xAI startup. Musk, in a dark suit and tie, began his testimony with Altman and co-founder Greg Brockman watching from the front row.

Musk admitted he wanted initial control of OpenAI but expected that to fade as investors piled in. He said he chose a non-profit structure for the public good, noting, “I could have done that with OpenAI, but I chose not to.” He's now demanding billions in “wrongful gains” to fund OpenAI's non-profit arm and wants Altman ousted.

Savitt poked holes in Musk's altruism argument by pointing out that Musk launched xAI as a for-profit company a year after ChatGPT's success. The case, filed in 2024, also targets Microsoft, which poured billions into OpenAI. Musk donated $38 million to OpenAI's non-profit, which the firm says was “spent exactly as intended.”

In his opening statement, Musk declared, “It's not okay to steal a charity… If it's okay to loot a charity, the entire foundation of charitable giving will be destroyed.” Savitt countered that Musk is just trying to kneecap a competitor and had previously tried to merge OpenAI with Tesla. Altman is expected to testify later. The trial could last weeks and has major implications for the AI industry.