Elon Musk and Sam Altman are heading to court this week over the future of OpenAI. After years of feuding, Musk is suing for billions, aiming to oust his former colleagues from their roles and restore OpenAI as a nonprofit. The case could have sweeping consequences for the burgeoning AI industry, with legal experts questioning whether it’s being considered under the right body of law.

When OpenAI was founded in 2015, its mission was clear: to develop artificial intelligence that benefits humanity. However, over time, the company began to believe that a nonprofit structure could not raise enough funds or keep up with intense competition. By 2017, Altman and Brockman were planning a for-profit arm, while Musk proposed merging OpenAI with Tesla.

Musk alleges he was deceived into funding the company’s early days by promises of a nonprofit mission. If he proves his case, it could mean the end of the company as he knew it. But even if he wins on this point, legal scholars are puzzled over why he has standing to sue. California and Delaware state attorneys general have struck deals with OpenAI for its new corporate structure, but critics remain unconvinced.

The trial is a rare public insight into the secretive tech industry. If Musk prevails, his rival xAI could gain a significant edge in the AI race. This legal battle highlights the complex ethical and legal challenges surrounding the development of artificial intelligence, and whether companies should operate for-profit or nonprofit to benefit humanity.