Two days prior to the scheduled trial in Elon Musk’s high-profile lawsuit against OpenAI, Musk reached out to the company’s president, Greg Brockman, in an apparent attempt to explore the possibility of a settlement. As detailed in a recent filing, Musk’s communication included a stark warning following Brockman’s counter-proposal for both parties to abandon their claims. Musk reportedly stated, “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 lawsuit, initiated by Musk in 2024, targets OpenAI, Brockman, and CEO Sam Altman, accusing them of deviating from their initial commitment to maintain OpenAI as a nonprofit organization dedicated to charitable purposes. The trial began late last month in federal court in Oakland, California, where Brockman may be called to testify as early as Monday.
OpenAI’s legal team has sought to introduce Musk’s text messages into evidence, intending to highlight them during Brockman’s expected testimony. They argue that Musk’s remarks reveal his “motive and bias,” particularly suggesting that his pursuit of the lawsuit may be rooted in a desire to undermine a competitor and its leadership.
In the trial’s initial week, Musk took the witness stand for three days, discussing his role in the founding of OpenAI and accusing Altman and Brockman of attempting to “steal a charity.” Musk also addressed his own competing AI venture, xAI, founded after he stepped down from OpenAI’s board in 2018. In a notable development, he merged xAI with his rocket company, SpaceX, earlier this year, resulting in a valuation of approximately $250 billion for the startup.
Following Musk’s departure from OpenAI’s board, the company shifted toward commercialization, establishing a for-profit subsidiary in 2018. This transition has coincided with significant financial success, particularly following the launch of ChatGPT in late 2022, pushing OpenAI’s valuation to over $850 billion from private investors.
Musk’s lawsuit contends that his initial donation of about $38 million to OpenAI was misappropriated for commercial endeavors not aligned with the organization’s foundational mission. Musk criticized the organization for allowing its profit-driven arm to overshadow its original charitable intentions, asserting that it became “the tail wagging the dog.”
In response, OpenAI has labeled Musk’s claims as “baseless.” The proceedings are being overseen by Judge Yvonne Gonzalez Rogers, with the court set to resume at 11:30 a.m. ET on Monday.
