If Musk wins out, it could mean the end of OpenAI as a for-profit company, but it’s not entirely clear what will result. Next week, the judge will begin a set of new hearings where lawyers from both sides will debate what the consequences of a verdict in favor of the plaintiffs might be. That process could be rendered moot by a negative verdict, however.

Musk’s attorneys say the defendants clearly understood that Musk wanted to support a non-profit that would ensure the benefits of AI to the world and prevent it from being controlled by any one organization. In particular, they say a $10 billion investment from Microsoft in 2023 into OpenAI’s for-profit affiliate — the first to happen after the statute of limitations — was the event that turned Musk’s concern into conviction.

That deal, Musk’s lawyers say, was different from previous investments and led to OpenAI’s investors being enriched by the company’s commercial products, at the expense of the charitable mission of AI safety that Musk promoted.

OpenAI’s attorneys have asked every witness to describe specific restrictions put on Musk’s donations, and none have, including his financial adviser Jared Birchall, his chief of staff Sam Teller, or his special adviser Shivon Zilis. They say everyone involved agreed that private fundraising would be required to achieve its goals, and note that Musk himself attempted to launch an OpenAI-affiliated for-profit he would personally control and later tried to merge OpenAI into his company Tesla. They also note the organization’s other donors haven’t said their charitable trust was violated.