Jakarta, INTI - Elon Musk is seeking damages of between US$79 billion and US$134 billion, equivalent to Rp 1.335 trillion to Rp 2.263 trillion (based on an exchange rate of Rp 16,900 per US dollar), from OpenAI, the developer of ChatGPT, and Microsoft.
The world’s richest individual claims that OpenAI misled him by abandoning its original nonprofit mission. The organization was initially established as a nonprofit entity before transitioning into a “capped profit” company in 2019.
Musk exited OpenAI in 2018 and later founded xAI, a direct competitor to ChatGPT.
The damage claim ranging from US$79 billion to US$134 billion is based on testimony from expert witness C. Paul Wazzan, a financial economist who, according to his professional profile, has provided expert testimony nearly 100 times and appeared in court more than a dozen times in complex commercial litigation cases.
Wazzan, who specializes in valuation and damage assessments in high-stakes disputes, concluded that Elon Musk is entitled to a substantial portion of OpenAI’s current US$500 billion valuation, based on his initial US$38 million donation when he co-founded the startup in 2015. Citing TechCrunch, this would translate into a 3,500-fold return on Musk’s original investment.
Wazzan’s analysis factors in not only Musk’s early financial backing but also the technical expertise and business contributions he provided to OpenAI’s founding team. The assessment estimates wrongful gains ranging from US$65.5 billion to US$109.4 billion for OpenAI, and US$13.3 billion to US$25.1 billion for Microsoft, which currently holds a 27% stake in the company.
Musk’s legal team argues that he should be compensated as an early-stage backer whose initial investment ultimately generated returns many times greater than its original value.
“Withput Elon Musk, OpenAI would not exist. He provided most of the early funding, lent his reputation,and taught them everything he knew about building a business. A leading expert has quantified the value of those contributions,” said Elon Musk’s lead attorney, Steven Molo, in a statement to Reuters, as quoted by The Times, on Monday, January 19, 2026.
A judge in Oakland, California, has ruled that Elon Musk’s lawsuit will be heard by a jury, with the trial expected to begin in April.
Microsoft and OpenAI Have Also Filed Legal Responses
Over the weekend, OpenAI described Musk’s lawsuit as “without merit.”
The company was also reported to have sent a letter on Thursday, January 15, 2026, to investors and business partners, warning that Musk is likely to make deliberately exaggerated and attention-grabbing claims as the case moves toward a jury trial in April.
A Microsoft attorney stated that there is no evidence to suggest that Elon Musk “aided or abetted” OpenAI.
Both companies rejected Musk’s claims for damages in separate court filings submitted on Friday, January 16, 2026.
In additional filings, OpenAI and Microsoft asked the judge to limit what Musk’s expert witness may present to the jury, arguing that the analysis should be excluded on the grounds that it is “manufactured,” “unverifiable,” and “unprecedented,” and that it represents an attempt to unreasonably transfer billions of dollars from a nonprofit organization to a former donor who is now a competitor.
The companies also broadly disputed the damage figures cited by Elon Musk, stating that the expert’s methodology is unreliable and could mislead the jury.
Conclusion
The legal dispute between Elon Musk, OpenAI, and Microsoft underscores the growing tensions surrounding the commercialization of artificial intelligence and the obligations of organizations originally founded as nonprofits. As the case moves toward a jury trial, it is set to become a landmark test of how early contributions, mission commitments, and corporate partnerships are valued in the rapidly evolving AI industry. The outcome could have far-reaching implications not only for the parties involved, but also for the future governance, investment structures, and accountability of AI-driven organizations worldwide.
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