Elon Musk v. OpenAI trial. (Photo by Benjamin Fanjoy/Getty Images)
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The battle for the future of OpenAI wages on in the Musk v. Altman trial, as two of the biggest names in the AI race go head-to-head. While the case may not define the future of the broader AI market, one way or another, it will define OpenAI and its legacy as a startup.
As part of the lawsuit, Musk originally sought up to $134 billion in damages but is now reportedly asking for all “ill-gotten gains” to go to the OpenAI charity. He’s also seeking the removal of CEO Sam Altman and President Greg Brockman from the board.
While legal experts have raised doubts that a court would remove Altman and Brockman from their positions, the outcome of the case remains to be seen. So far, there’s been plenty of drama throughout the trial. Here are 8 highlights from the Musk V. Altman trial.
Conventional wisdom says that plaintiffs shouldn’t discuss ongoing lawsuits on social media, but Musk and Altman have traded public jabs in the run-up to the trial.
“Scam Altman and Greg Stockman stole a charity. Full stop,” Musk wrote in April as part of a longer post on X.“Really excited to get Elon under oath in a few months, Christmas in April!” Altman posted back in February.
These exchanges appear to have caught the attention of US District Judge Yvonne Gonzalez Rodgers, who told both parties to “try to control your propensity to use social media to make things worse outside this courtroom.”
In addition to his tweets, Musk also reportedly texted Greg Brockman just two days before the trial. He attempted to encourage Brockman to settle the suit, but Brockman responded, saying both sides should drop their suits.
The response appears to have irritated Musk, who responded, “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.”
The exchange has been ruled inadmissible in court, but it highlights that Musk appears to hold real animosity towards Altman and Brockman.
Adding to the hysteria surrounding the case, Judge Yvonne Gonzalez Rodgers plans to make the audio available live on YouTube. According to Business Insider, the Northern District of California has a rule permitting audio live-streaming of civil proceedings.
The move makes Gonzalez Rodgers the first judge in the district to use the rule. It’s worth noting that users can listen to the audio, but aren’t allowed to record it. There also won’t be any video footage of the proceedings. The question now is, will it add much needed transparency to the trial or turn it into a media spectacle like Depp v. Heard?
In Musk’s opening argument, he had quite a bit to say about Larry Page and his concerns about Google’s position in the AI race. In one exchange, Musk stated, “The reason OpenAI exists is because Larry Page called me a ‘specieist,’” someone who advocates for human life forms over digital life forms.
Musk also shared another exchange, in which he asked Page, “What if AI wipes out all humans?” to which Page allegedly responded, “That’ll be fine as long as artificial intelligence survives.”
Although Page stepped down as CEO of Google’s parent company Alphabet in 2019, the alleged exchanges raise questions about just how serious the search giant is taking responsible AI development.
One of the biggest revelations from the trial so far has been Brockman’s confession under oath that his stake in OpenAI is worth almost $30 billion, despite investing zero dollars in the company. When Musk’s lawyer Steven Molo asked Brockman if his stake in OpenAI was closer to $30 billion, Brockman responded “I think that may be true, yes.”
This is the first time that Brockman’s stake in OpenAI has been revealed, and the fact that he has gained such a monumental amount of financial value in the company without investing directly raises questions.
As part of a longer post on X, Emeritus Professor of Psychology and Neural Science at NYU and vocal AI critic Gary Marcus summarized the situation, stating, “Brockman invested $0. Walked away with $20-30 billion. Musk donated $38 million plus the office rent. Got $0 personally. This is unjust enrichment, captured in his own testimony."
As a public figure, Elon Musk typically conducts himself with an aura of invincibility, but his comments during the testimony appear to reveal a more vulnerable side to his character. Most notably, saying that “I gave them $38 million of essentially free funding which they then used to create an $800 billion for-profit company. I literally was a fool.”
It’s unusual to see a billionaire publicly disclose any vulnerability. Musk’s comments appear to highlight regret in funding an organization that has gone on to become one of the biggest AI startups in the world.
Throughout the trial, OpenAI’s attorney William Savitt has been taking Musk to task over his statements. Savitt’s presence in the case is notable because he previously represented Twitter against Musk back in 2022, successfully suing the billionaire to complete his purchase of the platform.
Savitt was quick to go on the offense. “We’re here because Mr Musk didn’t get his way at OpenAI,” Savitt said in his opening statement. “Because he’s a competitor, Mr Musk will do anything to attack OpenAI.”
“Your questions are not simple. They are designed to trick me,” Musk said in one exchange. “If you ask a question where there is no possible simple answer, I must give a longer answer because any simple answer would be misleading the jury.”
His tactics also appear to have gotten under Musk’s skin. In one exchange, Musk remarked, “The classic answer to a yes or no question is not so simple. For example, if you ask the question ‘will you stop beating your wife?’”
The diary of Greg Brockman has been a thorn in his side throughout the case. “Financially what will take me to $1B?” New York Post reports Brockman wrote in his digital journey in 2017, “We’ve been thinking that maybe we should just flip to a for profit."
“Can’t see us turning this into a for-profit without a very nasty fight,” Brockman wrote in his diary. It’d be wrong to steal the non-profit from him. That’d be pretty morally bankrupt.” Another section supposedly read “he’s really not an idiot. His story will correctly be that we weren’t honest with him in the end about still wanting to do the for-profit just without him.”
Brockman’s diary has been mocked on social media, with Alex Heath, author of the Sources newsletter, posting the “Takeaway from Greg Brockman testimony at Elon vs. OpenAI trial today is that no grown man should have a diary.”
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