Elon Musk’s court case against Sam Altman continues on Thursday, after a day of contentious exchanges during OpenAI’s cross-examination of the Tesla CEO. Musk will face another round of questioning before his lawyer calls more witnesses, including OpenAI’s president, Greg Brockman.
Witness testimony and evidence has revealed formerly private emails, text messages and diary entries surrounding the formation of OpenAI, giving a behind-the-scenes look at how the tech behemoth was created. Many of the tech industry’s most powerful players are named as witnesses and will give their account on the origins of Musk and Altman’s bitter feud. Altman is set to testify later in the trial, which will last three weeks.
Musk, who co-founded OpenAI in 2015, is arguing that Altman, Brockman and OpenAI broke a foundational agreement when they shifted the company from a non-profit intent on bettering humanity into a for-profit structure. Musk claims that Altman and Brockman unjustly enriched themselves and should be removed from the company. He is also seeking the undoing of the for-profit conversion and $134bn in damages to be redirected to OpenAI’s non-profit arm.
OpenAI rejects Musk’s allegations and is attempting to show that he was always aware of plans for creating a for-profit entity. The AI firm’s attorneys have stated Musk is “motivated by jealousy” of OpenAI’s success after he left the company in 2018 after a failed attempt to take control. OpenAI has emphasized that it is still overseen by a non-profit.
The trial, which began on Monday with jury selection at a federal courthouse in Oakland, California, has already produced dramatic moments and bold accusations. Musk and OpenAI’s lead attorney William Savitt spent most of Wednesday in a heated back and forth, with the world’s richest person becoming noticeably frustrated and saying that Savitt’s questions “are designed to trick me”.
Silicon Valley is intently watching the trial for both its blockbuster testimony and the potential effects it will have on the AI industry. OpenAI is intending to go public later this year at around a $1tn valuation, but if Musk succeeds in this case, it could greatly complicate that effort – an outcome that would also benefit Musk’s own xAI artificial intelligence firm.
The nine-person jury will decide whether OpenAI is liable, but judge Yvonne Gonzalez Rogers will determine what, if any, remedies are necessary in the case.
