OpenAI CEO Sam Altman said in a podcast called Core Memory that he is worried Elon Musk might drop his lawsuit against OpenAI before it goes to court. The comment was made during an interview with OpenAI president Greg Brockman, as they discussed the company's history and future. The concern stems from a long-running legal dispute between Musk and OpenAI over its structure and whether it should have remained a non-profit.
Sam Altman said today that he’s concerned @elonmusk will drop his lawsuit. Sam is cooked and he knows it.
— Katie Miller (@KatieMiller) April 21, 2026
The lawsuit raises a foundational point: In America, you cannot convert a non-profit into a for-profit corporation.
If a court allowed it, non-profits across the country… pic.twitter.com/Sb3DoxRAjo
The interview marked a rare joint appearance in which both OpenAI co-founders reflected on the company's past decade. While most of the conversation focused on AI technology and future plans, discussion briefly turned to Musk's legal case and its possible outcome.
Musk Lawsuit and Why Non-Profit Issue Matters
The lawsuit centres on whether a non-profit organisation can transition into a for-profit company.
Musk argues that OpenAI shifted away from its original mission as set out at its founding. OpenAI, however, has moved towards a structure that allows it to raise substantial funding and develop costly artificial intelligence systems, which is difficult under a strict non-profit model.
In the podcast, Altman said he was worried Musk might 'drop the lawsuit before it gets to court.' No further explanation was given for the remark, but it stood out as the case remains ongoing and could influence how similar organisations are structured in future.
A ruling in Musk's favour could lead to significant changes for non-profits more broadly. Concerns have been raised that organisations could potentially raise funds as charities before later converting into profit-making companies. Supporters of Musk's position argue that such a shift would undermine the purpose of non-profit entities.
How Musk Could Reshape US Non-Profits
If Elon Musk were to win his lawsuit and a court agreed with his interpretation, it would likely tighten rules governing how non-profit organisations in the US can change direction. In simple terms, it would make it harder for a non-profit to raise money under a public-benefit mission and later shift into a for-profit company without facing legal consequences.
Organisations could still evolve, but they would face stricter rules and closer scrutiny if they attempted to restructure in a way that benefits private investors. It could also require companies to separate activities rather than fully converting, for example by maintaining a non-profit arm while spinning off a separate commercial business.
On the positive side, it could reinforce confidence that donations and tax-free funding given to non-profits remain tied to public service rather than later private profit.
OpenAI Heads Discuss AI
The podcast did not focus solely on the lawsuit. Altman and Brockman also discussed the future of AI, including tools that could assist with everyday tasks such as scheduling or automatic bookings.
They also examined how AI could affect jobs and the wider economy. One concern raised was whether advanced AI might widen the gap between those who benefit from the technology and those who do not.
Despite these broader topics, the brief comment about Musk's lawsuit drew attention as it highlights a personal and legal dispute between two of the most prominent figures in technology.
The case remains ongoing in court. No decision has been reached, and both sides continue to disagree on what OpenAI was originally intended to be and how it has evolved.
Originally published on IBTimes UK
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