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, including Microsoft's CEO Satya Nadella.

Musk accused Microsoft of aiding and abetting OpenAI in its allegedly improper transition to a more for-profit company.

Musk's other claims against Microsoft were dismissed as a matter of law given the jury's findings on the claims against OpenAI.

A spokesperson for Microsoft stated: The facts and the timeline in this case have long been clear. The company added that it remained committed to its work with OpenAI.

The jury's decision adds to a string of recent losses and settlements for Musk in court.

Within hours of the verdict, Musk criticized the decision against him in the OpenAI case, expressing on X that it created a free license to loot charities if you can keep the looting quiet for a few years! He also accused the judge overseeing the case of being a terrible activist who used the jury as a fig leaf.

Musk vowed to file an appeal, claiming the jury did not decide on the merits and instead relied on a calendar technicality. As the jury found that the statute of limitations had lapsed for Musk's claims, they were not required to consider the merits of his assertions.

Carl Tobias, a law professor, remarked that the jurors made a very fact-based decision about the case, emphasizing the importance of the jury's common-sense understanding in resolving such disputes.

Altman's testimony was crucial; he mentioned Musk had initially supported OpenAI's for-profit model while also wishing for control, illustrating the complicated relationships and motivations at play.

As the lawsuit brought forth long-standing tensions between Musk and Altman, it reflected a power struggle in a rapidly evolving tech landscape. The case highlights critical questions surrounding the ethical and operational frameworks of organizations like OpenAI, especially as they navigate profit and purpose in the AI domain.