After an occasionally testy Musk testified for hours, it appears the case may come down to how much of a distinction jurors and Judge Yvonne Gonzalez Rogers make between investors in OpenAI having their potential profit capped or not.

In Musk’s telling, when he co-founded the lab with Altman, Ilya Sutskever, Greg Brockman, and others, he trusted them to build AI for humanity, but over time became suspicious of their motives, and finally concluded that they were “looting the nonprofit.”

OpenAI’s lawyer William Savitt sought to complicate that story during cross-examination, trying to show that Musk had supported a variety of efforts to transition OpenAI toward for-profit status so it could raise the funds necessary to compete with firms like Google, including incorporating the AI lab into Tesla.

Musk testified that he had discussed converting the company to a for-profit as early as 2016, and that in 2017, he had explored creating a for-profit arm of OpenAI where he would hold the majority of the equity and control the company. When those plans fell apart, he stopped making regular donations to OpenAI, though he continued to pay for its office space until 2020.