The Musk OpenAI lawsuit deposition has added fresh fuel to an already heated legal battle between Elon Musk and the AI company he once helped found.

In newly released testimony filed publicly this week, Musk sharply criticized OpenAI’s safety record, arguing that his own company, xAI, has placed stronger guardrails around its systems. During questioning, he stated that “Nobody has committed suicide because of Grok, but apparently they have because of ChatGPT,” referencing ongoing litigation tied to alleged harms linked to OpenAI’s chatbot.

The transcript, recorded in September and made public ahead of an expected jury trial next month, provides deeper insight into how Musk is framing his case.

Safety Concerns and the ChatGPT Suicide Lawsuit

The Musk OpenAI lawsuit deposition revisits a March 2023 open letter Musk signed, calling on AI labs to pause development of systems more powerful than GPT-4 for at least six months. The letter, signed by more than 1,100 individuals including AI researchers, warned of an “out-of-control race” to deploy increasingly powerful digital systems without adequate oversight.

Those warnings have taken on renewed relevance. OpenAI now faces multiple lawsuits alleging that manipulative chatbot interactions contributed to severe mental health consequences. In some cases, plaintiffs claim those interactions preceded suicides — forming the basis of what has widely been described in media reports as a ChatGPT suicide lawsuit.

Musk’s deposition suggests he may use these cases to support his broader argument that safety risks intensify when commercial incentives accelerate AI deployment.

Dispute Over OpenAI Nonprofit to For-Profit Transition

At the core of the legal battle is OpenAI’s structural evolution. Musk alleges that the shift from an original nonprofit research lab into a commercial entity violated the organization’s founding principles.

The Musk OpenAI lawsuit deposition emphasizes his claim that moving from OpenAI nonprofit to for-profit status introduced pressures tied to speed, scale, and revenue. According to Musk, such pressures could compromise safety priorities.

During questioning, Musk also addressed his past financial contributions. While he had previously cited a $100 million figure, he acknowledged in the deposition that he was mistaken, with court filings placing the amount closer to $44.8 million.

He further explained that OpenAI’s founding was partly motivated by concerns over Google’s dominance in AI development. In the deposition, he described earlier conversations with Google co-founder Larry Page as “alarming,” claiming insufficient attention was being paid to AI safety at the time.

xAI Under Scrutiny

Since the deposition was recorded, Musk’s own AI venture has faced scrutiny. Last month, Musk’s social platform X was flooded with nonconsensual nude images generated by xAI’s Grok system, some reportedly involving minors.

The California Attorney General’s office has opened an investigation, while the European Union and other governments have launched separate probes or imposed restrictions. These developments complicate Musk’s attempt to position xAI as categorically safer than its competitors.

Still, the Musk OpenAI lawsuit deposition underscores how safety narratives, governance models, and commercial strategy are now central to high-stakes AI litigation.

As the trial approaches, the case could reshape how courts evaluate the transition from OpenAI nonprofit to for-profit operations — and how liability is assessed in cases tied to alleged chatbot harms.