Musk v. Altman week 1: Elon Musk says he was duped, warns AI could kill us all, and admits that xAI distills OpenAI’s models

1 May 2026 · MIT Technology Review – AI US

OpenAI's legal and structural future is contested in court - agencies using OpenAI products should monitor any ownership or governance changes.

Key points

Summary

The first week of Elon Musk's lawsuit against Sam Altman and OpenAI centred on whether Musk's original donations were made to a nonprofit for public benefit or to a venture that would enrich its founders. Musk is seeking to remove Altman and Brockman and reverse OpenAI's for-profit restructuring. The trial puts OpenAI's IPO plans at risk. Separately, testimony revealed xAI has distilled OpenAI models and that xAI sued Colorado over an AI algorithmic discrimination law.

Implications for Australian agencies

Implications are AI-generated. Starting points, not advice.