The case against OpenAI is getting markedly stronger now that Musk is off the stand. Why? Musk’s lawyer is interrogating OpenAI founder Greg Brockman, making clear that OpenAI sold its mission as a nonprofit for public benefit, and not just to Elon but to many big figures in Silicon Valley, seeking *donations* to establish the company as a nonprofit. This case is *not about Elon*. It’s about the bait and switch that OpenAI pulled, raising money as a nonprofit and then switching after ChatGPT hit bit. Yes, the company misled Elon, but also misled many many others, from the state of California to other early “donors”, to early employees and the public. The question is whether that is ok.