Artificial Intelligence & Machine Learning
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Next-Generation Technologies & Secure Development
Offer Comes Amid Legal Battle Between the Former OpenAI Co-Founders

Elon Musk reportedly offered to buy OpenAI’s operating assets for $97.4 billion, escalating his legal and business battle with Sam Altman, the artificial intelligence company’s CEO.
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Altman, who is working to restructure OpenAI by separating its nonprofit board from its for-profit business, dismissed the offer with a post on social media platform X: “no thank you but we will buy Twitter for $9.74 billion if you want.”
Musk’s offer to buy OpenAI is backed by his AI company xAI, as well as several longtime investors in his other ventures, including Valor Equity Partners, Baron Capital, Atreides Management, Vy Capital and venture firm 8VC, the WSJ reported.
Musk co-founded OpenAI with Altman in 2015 as a nonprofit but left in 2018 before its rapid expansion. OpenAI created a for-profit subsidiary in 2019 to raise capital, securing billions from Microsoft and other investors. The company is now transitioning into a fully for-profit structure, a move Musk opposes (See: Safety Concerns, Pushback Against OpenAI’s For-Profit Plan).
Musk filed a bid amid an ongoing lawsuit in August against OpenAI, claiming the company has abandoned its original mission of AI development for the public good.
He also sought a court injunction in November to block OpenAI’s restructuring. Musk contends that OpenAI’s leadership is undermining the original intent of the organization.
“It’s time for OpenAI to return to the open-source, safety-focused force for good it once was. We will make sure that happens,” Musk said in a statement, the WSJ reported, citing his attorney Marc Toberoff.
Altman told staff in a company-wide message that OpenAI’s board has no interest in engaging with Musk’s bid, The Information reported.
Musk’s xAI could merge with OpenAI if the deal were accepted, the WSJ reported. xAI recently raised $6 billion at a $40 billion valuation.
Legal experts say Musk’s bid could complicate OpenAI’s transition. The company was valued at $157 billion in its last funding round, making it one of the most valuable private companies in the world. Japanese conglomerate SoftBank is reportedly in talks to lead a $40 billion funding round at a valuation of up to $300 billion. If successful, this would further cement OpenAI’s dominance in the AI industry.
Musk’s ability to finance the bid remains uncertain. His Tesla stock is valued at approximately $165 billion, but his leverage with banks is limited because of his $44 billion acquisition of Twitter, now X, in 2022. Analysts reportedly suggested that Musk may need to sell Tesla shares, take loans against his stock or use his SpaceX holdings as collateral to fund the bid.
Musk’s legal team has asked attorneys general in California and Delaware to open a bidding process to determine OpenAI’s fair market value. The team argued that OpenAI’s planned transition undervalues its nonprofit entity and that the board has a fiduciary duty to consider Musk’s offer. But OpenAI contends that Musk’s claims are baseless and that the nonprofit will receive fair value in its stake in the new for-profit entity.
OpenAI aims to complete its transition by 2026 as part of a $6.6 billion funding round secured in October. SoftBank is separately negotiating to invest up to $25 billion in OpenAI and is also seeking additional funds for Stargate, a $500 billion AI infrastructure project announced at the White House alongside U.S. President Donald Trump (See: Trump-Backed Stargate Initiative to Pour $500B Into AI).
Musk has criticized Stargate, calling Altman a “swindler” and questioning the project’s financial backing. The initiative aims to develop AI infrastructure at an unprecedented scale, but Musk has claimed that its backers do not have the promised funding. OpenAI maintains that the transition is necessary to secure the capital needed for its AI research and development plans.
Even before Musk’s latest bid, OpenAI faced legal and regulatory hurdles in its transition. Meta Platforms in December sent a letter to the California attorney general expressing opposition to the move, adding to the scrutiny surrounding the nonprofit’s restructuring. OpenAI meanwhile remains in negotiations with Microsoft and other stakeholders on their equity stakes in the new company.
The stakes in this battle extend beyond just ownership. Musk has consistently advocated for open-source AI development, while OpenAI has moved towards a more closed, commercial model in partnership with Microsoft. If Musk’s bid were accepted, it could alter the direction of OpenAI’s research and business strategy.