Elon Musk is pursuing litigation against OpenAI and Microsoft seeking up to $134 billion in restitution tied to claims that OpenAI abandoned its original nonprofit mission and that OpenAI/Microsoft were unjustly enriched through their partnership. Reporting describes damages calculations attributed to economist C. Paul Wazzan, while OpenAI challenges the methodology as opaque and not tied to specific alleged wrongful conduct, arguing it improperly discounts contributions from other founders, employees, and investors and would be difficult for a jury to adjust across claims.
Separately, California Attorney General Rob Bonta has reportedly served Musk’s AI company xAI with a cease-and-desist order over Grok’s alleged ability to generate non-consensual explicit deepfake imagery, including “undressing” real individuals and potentially involving minors. The juxtaposition highlights escalating legal and regulatory pressure around Musk’s AI-related activities: a high-stakes civil damages push against OpenAI/Microsoft alongside state action targeting alleged misuse of generative image capabilities at xAI.

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Court filings indicated that the litigation between Musk and OpenAI was scheduled to go to trial in April. The disclosure established the expected next major procedural milestone in the case.
OpenAI submitted a court filing attacking expert witness Wazzan's methodology in Musk's case, arguing the damages analysis improperly credited Musk for OpenAI's value, used an unverifiable 'black box' approach, and failed to allocate damages by claim. OpenAI also argued the proposed remedy was legally and practically implausible for a nonprofit.
Following the California action, X reportedly placed Grok image generation behind a paywall and limited some features in certain jurisdictions. The changes were presented as a response to concerns over inadequate safety guardrails.
California Attorney General Rob Bonta issued a cease-and-desist order alleging Grok could generate non-consensual pornographic deepfakes, including content involving minors. The order demanded xAI stop facilitating the creation and dissemination of involuntary digital pornography and provide an account of corrective measures within five days.
Elon Musk expanded his lawsuit against OpenAI and Microsoft, seeking an estimated $79 billion to $134 billion in damages and alleging OpenAI abandoned its original nonprofit mission and was unjustly enriched through its partnership with Microsoft. The damages claim relied in part on an economist's estimate of alleged wrongful gains.
Elon Musk was involved in OpenAI's early formation, including providing about $38 million in seed funding, helping recruit talent, and advising the organization in its initial stages. These early contributions later became central to his claims in litigation against OpenAI and Microsoft.
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