Editing Musk v Altman et al (section)

== Background ==

Elon Musk was a co-founder of OpenAI and contributed approximately $38 million to the organization between 2016 and 2020, on the understanding that it would remain a nonprofit dedicated to the safe development of AI for humanity's benefit. Musk departed OpenAI's board in 2018, reportedly after a failed bid to take control of the company. OpenAI subsequently created a "capped-profit" structure in 2019 and has since pursued a full conversion to a for-profit public benefit corporation.

Musk filed an initial lawsuit in February 2023 in California state court, which he voluntarily dismissed. He refiled in August 2024 in federal court, adding claims under RICO and other federal statutes. Over the course of the litigation, claims were narrowed substantially through motion practice.