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Musk Testifies in OpenAI Lawsuit, Criticizes ChatGPT Safety and Corrects Donation Amount

Musk Testifies in OpenAI Lawsuit, Criticizes ChatGPT Safety and Corrects Donation Amount

May 28, 2026
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In Elon Musk's lawsuit against OpenAI, video testimony from last September—made public this week—shows Musk leveling sharp accusations about OpenAI's safety record. He claimed that his company xAI prioritizes safety more than OpenAI, and noted that ChatGPT has been linked to mental health issues among users, including cases of suicide, while Grok has not seen similar incidents.

These remarks stem from scrutiny of an open letter in March 2023 that urged a halt in advanced AI development. Musk stressed that he signed the letter out of genuine concern over AI risks, not for competitive gain, and reiterated that AGI (Artificial General Intelligence) carries significant risks.

OpenAI

At the heart of the lawsuit is OpenAI's shift from a nonprofit research lab to a for-profit company. Musk contends that this change breached the original agreement, leading the organization to prioritize speed and scale over safety. The testimony also provided corrected financial details: Musk acknowledged that his earlier claim of donating $100 million to OpenAI was inaccurate, with the actual sum being roughly $44.8 million. He further disclosed that OpenAI was originally founded to counter Google's dominance in AI, and accused Google co-founder Larry Page of disregarding AI safety.

Yet Musk's safety assertions are encountering real-world scrutiny. Recently, xAI's Grok model has sparked several regulatory probes in California and the European Union for producing unauthorized inappropriate images. With a jury trial expected to start next month, both Musk's claims and the regulatory challenges facing his company will be key to the case.

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