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Musk’s Lawsuit Against OpenAI May Proceed to Trial, Judge Says

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A U.S. District Judge, Yvonne Gonzalez Rogers, announced on Tuesday that parts of Elon Musk’s lawsuit against OpenAI could go to trial, with Musk himself required to testify in court. The case, which centers on Musk’s effort to block OpenAI’s transition to a for-profit entity, is evolving into a public legal battle between Musk and OpenAI CEO Sam Altman.

Judge Rogers, presiding in Oakland, California, stated that “something is going to trial in this case,” and indicated that Musk would be called to the stand to present his case to a jury. She also noted that Musk’s legal team had not provided sufficient evidence to issue a preliminary injunction halting the transition, suggesting the possibility of an evidentiary hearing where both sides could present witnesses and evidence.

The case stems from Musk’s claims that OpenAI’s founders initially approached him to help fund a nonprofit organization focused on developing artificial intelligence (AI) for the benefit of humanity. However, Musk contends that OpenAI has since shifted its focus to making a profit. Musk’s lawsuit, filed last year, expanded to include antitrust and other claims against the company. He has asked the court to prevent OpenAI from completing its transition to a for-profit business.

OpenAI, in its defense, has moved to dismiss Musk’s claims, arguing that Musk should focus on competing in the marketplace rather than through legal channels. The company argues that restructuring to a for-profit entity is necessary to secure the capital needed to continue developing advanced AI models. A recent fundraising round of $6.6 billion and a potential future round of up to $25 billion from SoftBank hinge on OpenAI’s restructuring.

The situation has raised questions about the unusual nature of nonprofit organizations converting into for-profit entities. Rose Chan Loui, executive director of the UCLA Law Center for Philanthropy and Nonprofits, pointed out that such transitions are typically seen in health care sectors, not in venture capital-backed tech companies.

 

SoftBank and OpenAI Announce AI Joint Venture in Japan

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SoftBank Group has partnered with OpenAI to establish a joint venture in Japan, aimed at delivering artificial intelligence services to corporate clients. The venture, named SB OpenAI Japan, will be co-owned by OpenAI and a company created by SoftBank, alongside its domestic telecom arm. This collaboration signifies SoftBank’s deepening relationship with OpenAI, as the Japanese conglomerate commits to investing $3 billion annually to integrate OpenAI’s technology across its global operations.

SoftBank’s CEO Masayoshi Son announced the deal on Monday, further signaling his interest in increasing his exposure to OpenAI, which aligns with SoftBank’s broader investment strategy. In addition to this venture, SoftBank is considering investing between $15 billion and $25 billion in OpenAI, as well as committing another $15 billion to Stargate, a joint AI project between OpenAI, SoftBank, and Oracle.

The launch of Stargate last month marked a notable moment for Son, who was seen with former U.S. President Donald Trump, highlighting his continued presence in high-profile international business dealings. However, concerns have emerged with the rise of China’s DeepSeek, a company whose AI model is seen as a potential competitor to U.S. giants, adding uncertainty to the massive financial investments being funneled into the AI sector.

Despite these concerns, OpenAI’s CEO Sam Altman emphasized the increasing global demand for computational power, noting that “the world is going to just need so much compute.” The joint venture with SoftBank represents a strategic push to expand AI services and capabilities in Japan, an important move as AI technology continues to shape the future of global business.

 

OpenAI Faces Legal Battle in India Over Jurisdiction in Copyright Case

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OpenAI is facing a legal challenge in India as it argues that local courts lack jurisdiction over its U.S.-based business, a stance that legal experts believe is unlikely to succeed. The case, brought by Indian news agency ANI, accuses OpenAI of copyright infringement for allegedly using its content without permission.

India, OpenAI’s second-largest market, has become a key battleground, with media groups—including those backed by billionaires Gautam Adani and Mukesh Ambani—joining ANI in opposition. While OpenAI maintains that its AI models use publicly available data in accordance with fair use principles, it is also contesting jurisdiction, citing its terms of service that specify dispute resolution in San Francisco. The company also argues that it does not maintain servers or data centers in India.

Legal experts, however, suggest that Indian courts are likely to reject OpenAI’s defense. Courts in the country have previously ruled against similar jurisdictional arguments, including in a 2022 case involving Telegram, where the Delhi High Court ruled that server location alone does not exempt a company from Indian law.

If OpenAI wins on the jurisdiction argument, it could avoid facing the copyright lawsuit in India. If it loses, it may be forced to delete ANI’s content from its training data and pay $230,000 in damages. The Delhi court is set to hear arguments on the case in February.

India has a history of holding foreign tech companies accountable to its laws, with past confrontations involving Google, Facebook, and X (formerly Twitter). The Indian government has maintained that global tech firms must comply with local regulations, reinforcing the challenge OpenAI faces in defending its position.

Amid the legal battle, OpenAI CEO Sam Altman and other senior executives are set to visit India on February 5, underscoring the market’s strategic importance.