A California jury has tossed out Elon Musk's high-profile lawsuit against OpenAI and its boss Sam Altman. In a unanimous verdict, the jury agreed that Musk had waited too long to file his lawsuit, leaving all of his claims essentially expired. Musk had accused Altman of breaching a non-profit contract by shifting the ChatGPT-maker to a for-profit company after Musk donated $38m (£28.5m) early in OpenAI's history.

Musk claimed Altman had deceived him by accepting his money and then reneging on OpenAI's original non-profit mission to develop artificial intelligence (AI) technology for the benefit of humanity. Jurors spent just about two hours on Monday deliberating on the case, but they had spent three weeks viewing internal correspondence and hearing testimony from Musk, Altman, and other tech industry executives, such as Microsoft's chief executive Satya Nadella.

Musk had accused Microsoft of aiding and abetting OpenAI in its allegedly improper transition to a more for-profit company. Musk's claims against Microsoft were also dismissed due to the jury's findings on the claims against OpenAI.

A spokesperson for Microsoft affirmed the clarity of the facts and timeline in the case. Following the verdict, Musk criticized the decision, asserting it permits exploitation of charities if the wrongdoing is concealed for several years. He indicated plans to appeal, stating the jury's decision relied on a procedural issue rather than evaluating the underlying merits of his claims.

Experts suggest that winning an appeal in this context would be challenging, given the jury's fact-based findings. The outcome is seen as a significant victory for OpenAI, as they reaffirm their commitment to developing AI technology that prioritizes human benefit.