Two days before the Elon Musk vs. OpenAI trial began last week, Musk texted the model maker’s president and co-founder Greg Brockman. Musk suggested to Brockman that OpenAI settle the suit. After Brockman replied by suggesting both sides drop their suits, the exchange went off the rails, with Musk responding: “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.” So says a new filing submitted on Sunday by OpenAI’s lawyers.
Background of the exchange
The filing didn’t include copies of the text exchange, and most of it was dedicated to convincing the judge why this exchange on settlement talks should be admitted into evidence. The judge, however, was not having it — ruling the exchange inadmissible, per TechCrunch reporter Tim Fernholz, who is on site covering the trial. The implication, however, is clear.
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What Musk’s lawsuit seeks
Musk’s lawsuit seeks to unwind OpenAI’s for-profit structure, require its tech be made available to the public, strip Microsoft’s licensing agreement, and compel OpenAI to pay him general, compensatory, and punitive damages plus his lawyer’s fees. After OpenAI’s lawyers publicly shared this “settle-or-else” text, observers instantly clocked that maybe this trial isn’t about Musk’s concern for AI safety, but about demanding money from its success while kneecapping a rival.
Impact on the trial and public perception
This is, essentially, what OpenAI’s countersuit alleges. The exchange has shifted the narrative, with many now viewing the lawsuit as a strategic move rather than a principled stand. The trial continues, and the public is watching closely to see how these allegations unfold.
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Conclusion
The revelation of Musk’s texts adds a dramatic layer to an already high-stakes legal battle. As the trial progresses, the focus remains on whether Musk’s actions were driven by genuine safety concerns or competitive motives. The outcome could have significant implications for the future of AI governance and corporate structure.
FAQs
Q1: What did Elon Musk text Greg Brockman?
Musk texted Brockman suggesting OpenAI settle the lawsuit, and when Brockman proposed both sides drop their suits, Musk replied with a threat that Brockman and Sam Altman would become “the most hated men in America.”
Q2: Why was the text exchange ruled inadmissible?
The judge ruled the exchange inadmissible in court, though the exact reasoning wasn’t detailed in the filing. OpenAI’s lawyers had argued it was relevant to show Musk’s motives.
Q3: What does Musk’s lawsuit aim to achieve?
Musk’s lawsuit seeks to unwind OpenAI’s for-profit structure, make its technology publicly available, terminate Microsoft’s licensing agreement, and claim damages and legal fees.
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