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Fortune
Fortune
David Meyer

Why Elon Musk may yet prevail in his attempt to block OpenAI's conversion to a for-profit company

Elon Musk and Sam Altman on-stage together at a 2015 conference. (Credit: Michael Kovac—Getty Images for Vanity Fair)

Earlier this week, a federal judge denied Elon Musk’s attempt to immediately block OpenAI’s conversion from a nonprofit into a for-profit enterprise.

However, that wasn't the end of the story. U.S. District Judge Yvonne Gonzalez Rogers also said the issue could proceed to a full, expedited trial in the fall. And the judge homed in on one complicated unresolved question in particular, indicating that the entire case will hinge on the answer.

That question is this: When Elon Musk shelled out around $45 million to establish OpenAI as a nonprofit organization nearly a decade ago, did he strike a binding legal agreement with cofounders Sam Altman and Greg Brockman, in the form of what is legally called a charitable trust?

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