伊隆·马斯克（ Elon Musk ）和山姆·奥尔特曼（ Sam Altman ）就OpenAI

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Live updates from Elon Musk and Sam Altman’s court battle over the future of OpenAI

Sam Altman and Elon Musk are facing off in a high-stakes trial that could alter the future of OpenAI and its most well-known product, ChatGPT. In 2024, Musk filed a lawsuit accusing OpenAI of abandoning its founding mission of developing AI to benefit humanity and shifting focus to boosting profits instead.

The trial began with jury selection on April 27th. Elon Musk took the stand on April 28th as the first witness called, portraying his interest in founding OpenAI as an effort to help save humanity, then returned to the stand on April 29th and again for a third day of testimony on April 30th, before his financial manager and Neuralink CEO, Jared Birchall, took the stand.

Week two of the trial has begun, with professor Stuart Russell and OpenAI cofounder Greg Brockman scheduled to take the stand on Monday, May 4th, and, for the first time, a live audio stream on YouTube.

Musk was a cofounder of OpenAI and claims that Altman and Brockman tricked him into giving the company money, only to turn their backs on their original goal. However, OpenAI says that “This lawsuit has always been a baseless and jealous bid to derail a competitor” in a bid to boost Musk’s own SpaceX / xAI / X companies that have launched Grok as a competitor to ChatGPT.

In his lawsuit, Musk is asking for the removal of Altman and Brockman, and for OpenAI to stop operating as a public benefit corporation. Musk has also demanded that OpenAI’s nonprofit receive up to $150 billion in damages he’s asking for if he wins the case.

Here’s all the latest on the trial between Musk and Altman:

Highlights

Elon Musk’s worst enemy in court is Elon Musk

Elon Musk appeared more petty than prepared

Musk vs. Altman is here, and it’s going to get messy

Elon Musk is about to be a very busy boy!

‘Sideshow’ concerns and billionaire dreams: What I learned from Elon Musk’s lawsuit against OpenAI

Inside Elon Musk’s messy breakup with OpenAI

Today, 19 seconds agoElizabeth LopattoWe are presently having a fight about purple boxes.You may recall from Musk’s testimony that OpenAI has used purple boxes to highlight things. We see another purple box in OpenAI LLC’s announcement it exists. Molo asks if this is something OpenAI generally uses in its paperwork to highlight important things. Brockman says no. We go back and forth on this for a while, because Brockman thinks Molo’s statement is overly broad.

Elizabeth Lopatto

You may recall from Musk’s testimony that OpenAI has used purple boxes to highlight things. We see another purple box in OpenAI LLC’s announcement it exists. Molo asks if this is something OpenAI generally uses in its paperwork to highlight important things. Brockman says no. We go back and forth on this for a while, because Brockman thinks Molo’s statement is overly broad.

Today, 12 minutes agoElizabeth LopattoWe have been doing the same question for perhaps the last five minutes.Brockman is worth $30 billion. Molo has been asking, over and over, why Brockman hasn’t donated the $29B to OpenAI’s charity since he’d be good at $1B. Brockman has been making weird non-answers. He sounds nervous and not especially convincing.

Brockman is worth $30 billion. Molo has been asking, over and over, why Brockman hasn’t donated the $29B to OpenAI’s charity since he’d be good at $1B. Brockman has been making weird non-answers. He sounds nervous and not especially convincing.

Today, 20 minutes agoElizabeth Lopatto“Financially what will take me to $1B?”The famous Brockman quote has finally hit. Molo is arguing that rather than figuring out funding for the non-profit, Brockman was plotting to get rich. Brockman is trying to say that there’s more context. While Molo is getting worked up, Brockman is pretty level. “Do we accept Elon’s terms, or do we reject the terms, he quits to create his own [AI company], and then we create our own [AI company]?” Molo tried to strike the answer, but he is overruled.

The famous Brockman quote has finally hit. Molo is arguing that rather than figuring out funding for the non-profit, Brockman was plotting to get rich. Brockman is trying to say that there’s more context. While Molo is getting worked up, Brockman is pretty level. “Do we accept Elon’s terms, or do we reject the terms, he quits to create his own [AI company], and then we create our own [AI company]?” Molo tried to strike the answer, but he is overruled.

Today, 23 minutes agoElizabeth Lopatto“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.”Greg Brockman’s journal really is making Greg Brockman look unreliable. Six days after telling Musk that Brockman et al wanted more results in the non-profit and to fundraise there, he writes, “We’ve been thinking about that maybe we should just flip to a for-profit. making money for us sounds great and all.” Brockman says this was an expression of a frustration and not a plan. Molo asks if he rehearsed that. Brockman says “no.”

Greg Brockman’s journal really is making Greg Brockman look unreliable. Six days after telling Musk that Brockman et al wanted more results in the non-profit and to fundraise there, he writes, “We’ve been thinking about that maybe we should just flip to a for-profit. making money for us sounds great and all.” Brockman says this was an expression of a frustration and not a plan. Molo asks if he rehearsed that. Brockman says “no.”

Today, 29 minutes agoElizabeth LopattoGreg Brockman’s journal: “it’d be wrong to steal the non-profit from him.”He also writes, “To convert to a b-corp without him. That’d be pretty morally bankrupt.” That’s probably the most solid thing the Musk team has gotten out during the trial so far.

He also writes, “To convert to a b-corp without him. That’d be pretty morally bankrupt.” That’s probably the most solid thing the Musk team has gotten out during the trial so far.

Today, 34 minutes agoElizabeth LopattoBrockman is not doing himself any favors.Molo asks if the non-profit should still be a philanthropic endeavor. Brockman says, forcefully, “no.” We then look at notes from his diary, where he records musk as saying “gotta figure out how do we transition from non-profit or something which is essentially philanthropic endeavor and is b-corp or c-corp.” Does make Brockman look pretty shifty.

Molo asks if the non-profit should still be a philanthropic endeavor. Brockman says, forcefully, “no.” We then look at notes from his diary, where he records musk as saying “gotta figure out how do we transition from non-profit or something which is essentially philanthropic endeavor and is b-corp or c-corp.” Does make Brockman look pretty shifty.

Today, 45 minutes agoElizabeth LopattoBrockman’s cross examination isn’t as testy as Musk’s, but he’s also pushing back on a lot of questions.We are hearing a lot of “I wouldn’t characterize it that way,” “I’m not sure I’d say it that way,” and “This sounds like something that I wrote, is it okay if we see it in context?” It’s not as contentious or tense as Musk’s exchanges with Savitt, but it’s definitely notable.

We are hearing a lot of “I wouldn’t characterize it that way,” “I’m not sure I’d say it that way,” and “This sounds like something that I wrote, is it okay if we see it in context?” It’s not as contentious or tense as Musk’s exchanges with Savitt, but it’s definitely notable.

Today, 49 minutes agoElizabeth LopattoIs sending stuff to Sam Teller and Shivon Zilis the same as sending it to Musk?The question is whether Brockman disclosed his ownership of Cerebras when OpenAI was discussing merging with it. Brockman told Teller and Zilis, who were in theory Musk’s chiefs of staff, but not Musk himself. Molo is driving this home, which… I am less convinced by. Lots of executives delegate.

The question is whether Brockman disclosed his ownership of Cerebras when OpenAI was discussing merging with it. Brockman told Teller and Zilis, who were in theory Musk’s chiefs of staff, but not Musk himself. Molo is driving this home, which… I am less convinced by. Lots of executives delegate.

Today, 55 minutes agoElizabeth LopattoBrockman and Altman’s alliance?Musk’s team is finally landing some serious blows — namely that part of Brockman’s compensation was a grant from Altman’s family office. Musk’s advisor Jared Birchall wrote, “Greg is going to have a greater allegiance toward Sam as a result of this arrangement.” Brockman told Musk that “We ran out of YC stock fulfilling others’ offers” so Altman arranged the deal.Molo is saying it’s a “side-deal” that Musk wasn’t informed about. Except the email chain plainly says Altman informed Birchall directly, who then emailed Musk. I imagine that will come on direct. Still, the financial conflict of interest is the most undermining information I’ve seen from Musk’s team so far.

Musk’s team is finally landing some serious blows — namely that part of Brockman’s compensation was a grant from Altman’s family office. Musk’s advisor Jared Birchall wrote, “Greg is going to have a greater allegiance toward Sam as a result of this arrangement.” Brockman told Musk that “We ran out of YC stock fulfilling others’ offers” so Altman arranged the deal.

Molo is saying it’s a “side-deal” that Musk wasn’t informed about. Except the email chain plainly says Altman informed Birchall directly, who then emailed Musk. I imagine that will come on direct. Still, the financial conflict of interest is the most undermining information I’ve seen from Musk’s team so far.

Today, Two hours agoElizabeth Lopatto“Is Demis Hassabis evil?”At a dinner about AI that Brockman and Altman attended, Musk was late. The first thing Brockman remembers Musk asking is, “Is Demis Hassabis evil?” Hassabis, of course, ran DeepMind.

At a dinner about AI that Brockman and Altman attended, Musk was late. The first thing Brockman remembers Musk asking is, “Is Demis Hassabis evil?” Hassabis, of course, ran DeepMind.

Today, Two hours agoElizabeth LopattoGreg Brockman is talking about the earliest days of OpenAI.It was initially supposed to be part of Y Combinator, as a research arm. Looking at a solicitation email from Brockman to then-CEO of Yahoo, Marissa Mayer, Brockman writes that donors include Elon Musk, Jessica Livingston, Reid Hoffman and Peter Thiel. “I’m personally donating $100,000,” he writes. But he didn’t end up donating that. Brockman is speaking very quickly and very softly, and YGR has just scolded him for it.

It was initially supposed to be part of Y Combinator, as a research arm. Looking at a solicitation email from Brockman to then-CEO of Yahoo, Marissa Mayer, Brockman writes that donors include Elon Musk, Jessica Livingston, Reid Hoffman and Peter Thiel. “I’m personally donating $100,000,” he writes. But he didn’t end up donating that. Brockman is speaking very quickly and very softly, and YGR has just scolded him for it.

Today, Two hours agoElizabeth LopattoGreg Brockman and Sam Altman have just entered the courtroom.Brockman is taking the stand next.

Brockman is taking the stand next.

Today, Two hours agoElizabeth LopattoWe’re done with Russell.I still don’t really understand how this expert helps Musk’s case, if at all.

I still don’t really understand how this expert helps Musk’s case, if at all.

Today, Two hours agoElizabeth Lopatto“The age of abundance for Elon.”We are now going through previous statements that Russell has made about Musk — for instance, Russell says that the “age of abundance” Musk talks about with AI robots will be great for Musk because of his pay package with Tesla. Also that Russell would not recommend that Musk be an AI advisor for President Trump.

We are now going through previous statements that Russell has made about Musk — for instance, Russell says that the “age of abundance” Musk talks about with AI robots will be great for Musk because of his pay package with Tesla. Also that Russell would not recommend that Musk be an AI advisor for President Trump.

Today, Two hours agoElizabeth LopattoOh now we have some meat.The expert has testified in front of the US Senate about the dangers of open-sourcing AI ssytems. “If we open-source AI systems that are unsafe, we dramatically increase the risks,” Russell says. One of Musk’s contentions is that OpenAI is betraying its mission by not open-sourcing its models. Russell is now saying, in response to cross-examination, that open-sourcing can make it easier to remove safety guard rails that have been put in place. “It requires additional and very stringent safety measures.”

The expert has testified in front of the US Senate about the dangers of open-sourcing AI ssytems. “If we open-source AI systems that are unsafe, we dramatically increase the risks,” Russell says. One of Musk’s contentions is that OpenAI is betraying its mission by not open-sourcing its models. Russell is now saying, in response to cross-examination, that open-sourcing can make it easier to remove safety guard rails that have been put in place. “It requires additional and very stringent safety measures.”

Today, Two hours agoAdi RobertsonElon Musk’s expert doesn’t follow him on X.And he thinks posts are still called tweets. (The post is about AI creating so much wealth that “everyone can have a penthouse if they want.”) We’re getting some meandering analysis of AI creating prosperity, but even the judge seems frustrated at this point.

Adi Robertson

And he thinks posts are still called tweets. (The post is about AI creating so much wealth that “everyone can have a penthouse if they want.”) We’re getting some meandering analysis of AI creating prosperity, but even the judge seems frustrated at this point.

Today, Two hours agoElizabeth LopattoI am befuddled by this expert testimony.I really have no idea what it adds to Musk’s case. It seems to just be a way of running out the clock — but why bother? Is it just a way of giving OpenAI less time to defend themselves?

I really have no idea what it adds to Musk’s case. It seems to just be a way of running out the clock — but why bother? Is it just a way of giving OpenAI less time to defend themselves?

Today, Two hours agoElizabeth LopattoWe are dealing with the cross now.It’s very boring. Mainly we are establishing that the expert witness provided no specific opinions on OpenAI’s safety.

It’s very boring. Mainly we are establishing that the expert witness provided no specific opinions on OpenAI’s safety.

Today, Two hours agoElizabeth LopattoSure is lucky that mentions of Grok’s safety issues got limited.Because otherwise, this would be the guy to ask about the nonconsensual undressing and MechaHitler. We are getting slowly to the point, I think — which is that Russell suggests safety concerns would slow AI development. “Each company individually feels it needs to be in this race,” he says. “That means they can’t stop and solve the safety problem, which I think some of their employees would like to do, but the overall company police is preventing them.”

Because otherwise, this would be the guy to ask about the nonconsensual undressing and MechaHitler. We are getting slowly to the point, I think — which is that Russell suggests safety concerns would slow AI development. “Each company individually feels it needs to be in this race,” he says. “That means they can’t stop and solve the safety problem, which I think some of their employees would like to do, but the overall company police is preventing them.”

Today, Two hours agoAdi RobertsonIndividual vs. systemic risk.Russell is asked next about risk. He starts with individual risk, including algorithmic discrimination, which he says is “much more widespread” than people expect. He also mentions the possibility of AI systems reinforcing “delusional beliefs” — like, in his example, “Vladimir Putin is an alien.” Then there’s systemic risk — like AI systems taking jobs at a large scale. Russell mentions computer science students having trouble getting work already, and he expects it will accelerate.As Russell keeps going, the opposition lawyer objects that this is speculative, and Judge Gonzalez Rogers asks to move on — which Musk’s lawyer does by promptly asking again about jobs. Another objection is sustained, and Russell starts talking about people using AI to magnify harm, like cyberattacks. He mentions Mythos, and the opposition lawyer gets it stricken from the record as outside the scope. None of this particularly relates to OpenAI so far — it’s basically a generic overview of AI risks, which Musk has been focusing on as central to the trial, despite some limits from YGR. And we’ve already run through 20 minutes of the 30 allotted for direct testimony.

Russell is asked next about risk. He starts with individual risk, including algorithmic discrimination, which he says is “much more widespread” than people expect. He also mentions the possibility of AI systems reinforcing “delusional beliefs” — like, in his example, “Vladimir Putin is an alien.” Then there’s systemic risk — like AI systems taking jobs at a large scale. Russell mentions computer science students having trouble getting work already, and he expects it will accelerate.

As Russell keeps going, the opposition lawyer objects that this is speculative, and Judge Gonzalez Rogers asks to move on — which Musk’s lawyer does by promptly asking again about jobs. Another objection is sustained, and Russell starts talking about people using AI to magnify harm, like cyberattacks. He mentions Mythos, and the opposition lawyer gets it stricken from the record as outside the scope. None of this particularly relates to OpenAI so far — it’s basically a generic overview of AI risks, which Musk has been focusing on as central to the trial, despite some limits from YGR. And we’ve already run through 20 minutes of the 30 allotted for direct testimony.

Today, Two hours agoElizabeth LopattoWe now have a very boring expert witness testifying to AI risks.His name is Stuart Russell, and he’s getting $4,000/hr for his first 40 hours of working with the team (and $1,500/hr after that). Seems like an expensive way for Musk’s lawyers to run out the clock… Because while we are getting some testimony about AI risks, I don’t really understand how this is relevant to the dispute at hand.

His name is Stuart Russell, and he’s getting $4,000/hr for his first 40 hours of working with the team (and $1,500/hr after that). Seems like an expensive way for Musk’s lawyers to run out the clock… Because while we are getting some testimony about AI risks, I don’t really understand how this is relevant to the dispute at hand.

Today, 3:38 PM UTCAdi RobertsonStuart Russell is here to tell us about AI.Russell is first asked about the positive aspects of AI — he mentions medical technology and AlphaFold, which can predict protein structures. Also mentions Waymo self-driving cars, which he describes as “extremely safe.” There can also be “broad economic benefits” where systems can be used to develop software, “where the AI can actually write software much faster and cheaper than human beings.”

Russell is first asked about the positive aspects of AI — he mentions medical technology and AlphaFold, which can predict protein structures. Also mentions Waymo self-driving cars, which he describes as “extremely safe.” There can also be “broad economic benefits” where systems can be used to develop software, “where the AI can actually write software much faster and cheaper than human beings.”

Today, 3:34 PM UTCAdi Robertson“I need that today. That’s good. I like that.”Judge Yvonne Gonzalez Rogers says she got some “May the 4th be with you” jokes from her kids today as we get started. Apparently she appreciated them. After that, the day kicks off with expert testimony from computer scientist Stuart Russell.

Judge Yvonne Gonzalez Rogers says she got some “May the 4th be with you” jokes from her kids today as we get start