Elon Musk vs. OpenAI trial attracts media and anti-AI protests to Oakland
Television cameras and a small anti-artificial intelligence protest descended on Oakland's federal courthouse Monday on the first day of Elon Musk's blockbuster lawsuit against OpenAI.
Musk, an OpenAI co-founder turned foe, alleges that the company abandoned its nonprofit mission and is seeking to oust CEO Sam Altman and President Greg Brockman, as well as seeking damages that could surpass $100 billion, based on his early $38 million seed funding in the company. He also sued major OpenAI shareholder Microsoft, and CEO Satya Nadella is a potential witness. Musk alleges breach of charitable trust and unjust enrichment after dropping some fraud claims just before the trial.
OpenAI has said the charges are without merit and that Musk had previously supported the for-profit structure himself. The company noted that Musk's SpaceX, which owns xAI, is now a competitor.
A Musk victory could derail a potential massive OpenAI initial public offering - the company is valued at $852 billion - and send shockwaves through the booming AI sector. Musk, Altman and Brockman, three of the most powerful people in tech, are all expected to testify.
Judge Yvonne Gonzalez Rogers, who also presided over the high-profile 2020 Epic Games vs. Apple case, is overseeing the trial and will make the final ruling. She was chosen for the case randomly, making Oakland federal court the venue rather than San Francisco, where OpenAI is headquartered. A nine-member jury will serve as an advisor and selection was completed on Monday around 2 p.m. Altman and Brockman were reportedly in attendance but did not speak.
Some candidates said they had negative views of Musk but most felt they could be fair to him. Numerous candidates said their criticisms of Musk were "political" - he worked with President Donald Trump to enact mass federal layoffs - but believed the facts of the case were a separate issue.
Potential jurors were asked about their views of artificial intelligence and how they used it, and whether they had concerns about whether they could be fair to both sides. Some expressed concerns about balancing their jobs with serving as jurors and were excused for financial hardship.
One jury candidate said he was critical of AI "as a concept, yeah," but felt he could be fair to both parties. Others said they found AI to be useful in their jobs.
Outside the courthouse, journalists outnumbered the small group of protesters from the group Stop AI, whose mission is to prevent artificial intelligence from ending humanity. One protester, dressed in a robot costume labelled "Altman's AI enslaver," held a chain in his hand, dragging around another protester by a collar around his neck.
"Sam Altman and Elon Musk are just racing each other," said Wynd Kaufmyn, one of the leaders with Stop AI. "All this squabbling is just because they're both trying to get to the end goal first, which is to create artificial super intelligence."
Though small, Stop AI's demonstrations have gained national attention. Kaufmyn was arrested in February 2025 alongside other protesters who chained shut the front doors to OpenAI's San Francisco headquarters and blocked the entrance. In November, OpenAI locked down its headquarters after it received a threat from one of the group's previous members.
Earlier this month, Altman's San Francisco home was the site of a Molotov cocktail attack and near a separate shooting, police said. The suspect arrested in the firebomb attack was later linked to an anti-AI manifesto.
Monday's demonstration was calm by comparison. The group set up a dozen anti-AI signs outside the courthouse with messages like "AI Companies Lie, People Will Die" and "AI companies race to build Super AI - playing Russian Roulette with All of our lives. Stop with this insanity - ward off AI Apocalypse Now." One sign had a drawing of the grim reaper next to text that said "AI - Either we stop it or, it stops us!"
Meanwhile, inside jury selection concluded without disruption. Candidates included a startup founder, software engineers, bank workers, a nonprofit worker, Uber driver and government workers.
Numerous candidates were immigrants from Asia, with Gonzalez Rogers asking in some cases about their English proficiency.
Ladle and Leaf, a lunch spot across the street from the courthouse, is typically slow at the start of the week, but Monday's lunch hour saw a steady stream of people stopping by for a salad. Cashier Maria Ortiz said she hoped the foot traffic would only increase as the trial went on.
"We heard the trial could go on for three weeks," Ortiz said. "It could get busy here. We'll see."
This is the second time this year that Musk has been embroiled in a Bay Area trial. Last month in San Francisco, he testified in a case filed against him by ex-Twitter shareholders who alleged he intentionally drove down the company's value before buying it. The jury found Musk at fault in that case.
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