OpenAI countersues Elon Musk to stop his attacks and ‘fake takeover bid’

OpenAI filed a countersuit against Elon Musk on Wednesday, saying on X that “Elon’s nonstop actions against us are just bad-faith tactics to slow down OpenAI and seize control of the leading AI innovations for his personal benefit.”

In the lawsuit, OpenAI’s lawyers argue that “Musk’s continued attacks on OpenAI, culminating most recently in the fake takeover bid designed to disrupt OpenAI’s future, must cease. Musk should be enjoined from further unlawful and unfair action, and held responsible for the damage he has already caused.”

Musk, who was part of the initial founding team at OpenAI, initially sued last spring,  saying he wanted to force the company to “return to its mission to develop AGI for the benefit of humanity” instead of pursuing profits. (The Verge’s editor-in-chief, Nilay Patel, found Musk’s legal case against OpenAI “hilariously bad.”)

Musk dropped that lawsuit in June but sued OpenAI again in August. In December, OpenAI published a blog post with the headline “Elon Musk wanted an OpenAI for-profit,” with receipts. The case is scheduled to go to trial in the spring of 2026.

Earlier this year, Musk also offered $97.4 billion to buy OpenAI, saying in a statement that “it’s time for OpenAI to return to the open-source, safety-focused force for good it once was.” OpenAI’s board of directors unanimously rejected the offer, which today’s filing called a “sham bid.” 

Disclosure: The Verge’s parent company, Vox Media, partners with OpenAI.