Musk files a $134 billion unjust enrichment claim against OpenAI and Microsoft

Jan 18, 2026 15:18:07

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According to US News, a federal judge in California has rejected OpenAI and Microsoft's request to dismiss Elon Musk's lawsuit, which will go to jury trial in April. Recently, Musk's side formally filed a claim for $134 billion in unjust enrichment, with OpenAI's unjust enrichment estimated between $65.5 billion and $109.4 billion, and Microsoft's unjust enrichment estimated between $13.3 billion and $25.1 billion, totaling approximately $79 billion to $134 billion.

Musk's legal team has hired financial economist C. Paul Wazzan as an expert witness, who ultimately calculated this astonishing figure. When Musk co-founded OpenAI in 2015, he provided about $38 million in seed funding, accounting for 60% of the early seed round financing at that time. He also believes that, in addition to funding, he contributed personal reputation, key connections, and experience in scaling businesses, stating, "Without Musk, there is no OpenAI." Currently, OpenAI has transformed into a for-profit entity, valued at around $500 billion, and Musk believes he should receive a corresponding share of "unjust enrichment" compensation. Musk has long accused OpenAI of straying from its original mission of being a non-profit and benefiting humanity, instead opting for deep collaboration with Microsoft and becoming a for-profit company controlled by Microsoft.

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