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Arodexyesterday at 6:24 PM6 repliesview on HN

>Musk could have brought the same lawsuit in 2019 or 2021, meaning his claims were untimely for the 3 year statute of limitations.

Why is a hypothetical ground for this decision? "You didn't complain immediately the first time you got robbed, therefore all the robbing since then is covered by a statute of limitation".


Replies

granzymesyesterday at 6:29 PM

The statute of limitations exists to prevent unreasonable delay, to protect defendants from prejudice due to loss of evidence to the passage of time, and to recognize that people who are injured tend to complain immediately and not sit on their claims.

This case demonstrates why. Musk only complained after OpenAI was commercially successful with ChatGPT and after he started a competing effort. He repeatedly said “I do not know” and “I do not recall” on the stand, and argued that the passage of time made it hard for him to remember facts that would have been helpful for OpenAI.

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kstrauseryesterday at 6:35 PM

Because there has to be some point. It's unjust to allow someone to sue 30 years later, as everyone would have a sword of Damocles hanging over their head waiting for the right moment to strike. And in general, if you didn't realize you were robbed for 3 years, perhaps it's the case that you weren't actually robbed.

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joshkelyesterday at 7:19 PM

https://localnewsmatters.org/2026/05/16/musk-v-altman-week-3... has a good explanation of the legalities:

"If the jury determines that at any time before those dates, Musk either knew — or had or should have known — that he had a claim that he could bring, then his suit was brought too late. The consequence of being too late is swift and absolute. If the lawsuit was filed late for a particular claim, that claim is out of the case; if it was too late for all of Musk’s claims, the lawsuit is over."

That's where the question of fact (i.e., the requirement for a jury decision) came in: "What was the statute of limitations?" is a question of law, but "When should Musk have known that OpenAI was moving too much toward for-profit?" is a question of fact (and, here, determines whether the statute of limitations applies).

chipsraffertyyesterday at 6:28 PM

There are multiple reasons why statutes of limitations exist, one of them being that the further away in time, the harder it is to prove evidence. Witnesses may have died, or their memory may be more faulty.

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hn_acc1yesterday at 6:44 PM

This is not a robbery, though. Not in the "break in and steal stuff from your house multiple times" situation. Legally, each of those are separate events, and one doesn't really affect the other unless it's all the same person, and the repetition is used to get a stronger case, etc.

jmyeetyesterday at 7:44 PM

There are several legal principles in play here. Note that these are civil trial issues and when you're talking about "robbing", you're likely talking about a criminal issue. These are:

1. Estoppel. If a party relies on your conduct then you can lose the right to sue over it;

2. Laches. This is a defense against prejudicial conduct, typically by waiting too long to take action;

3. Waiver. Your conduct can waive your right to sue. Imagine you live with someone and they don't pay half of the rent so you cover it. At some point your continued conduct means you lose the right to sue; and

4. The statute of limitations. Some claims simply have to be brought within a certain period. How this applies can be really complex. For example, we saw this in Trump's fraud convictions in New York. His time in office, away from the jurisdiction, essentially suspended the statute of limitations.

Some crimes like murder have no statute of limitations. Others have unreasonably short statutes of limitations. For example, probably nobody can be charged in relation to sex trafficking in the Epstein saga because the statute of limitations is often 5 years with such crimes. This is unreasonable (IMHO) because often the victims are children and unable to make a criminal complaint.

It's also worth adding that not all legal systems have such wide-ranging statutes of limitation as the US does. Founding principles of those other legal systems is that the government shouldn't be arbitrarily restricted for prosecuting criminal conduct. The US system ostensibly favors "timely" prosecution.