OpenAI Trial Highlights Struggles Between Elon Musk and the Court
OAKLAND, Calif. — Over the last few days at the trial concerning OpenAI’s future, the judge, Yvonne Gonzalez Rogers, has repeatedly remarked on Elon Musk’s mantra, “You can’t steal from a charity,” while also gently reminding him that he isn’t a lawyer. This sparked laughter in the crowded courtroom.
“Such statements are common in these cases,” Judge Rogers noted, encouraging Musk to focus on delivering precise responses.
As cross-examination extended into a second day, Musk often echoed variations of his key phrase during intense questioning by OpenAI’s attorney, William Savitt.
Musk faced scrutiny over a term sheet that outlined OpenAI’s establishment, suggesting that the organization’s formation was well-documented. His lawsuit contends that OpenAI compromised its philanthropic goals for profit.
During the proceedings, Musk admitted that there was no formal agreement detailing his donations to launch OpenAI as a nonprofit research entity.
Savitt criticized Musk for his ongoing claims about not fully reviewing the term sheet, yet Musk retorted that it’s wrong to steal from charities.
Musk accused Savitt of not only posing leading questions but also supplying biased answers to those questions. Judge Rogers interjected again, reiterating, “Mr. Musk, you are not a lawyer.”
To lighten the mood, Musk joked, “Technically, I took Lawyer 101,” which led to chuckles in the courtroom.
Later, Musk recognized, “I’m not a lawyer.”
The discussions in court also touched on AI safety concerns, with Musk’s lawyer, Stephen Moro, declaring that “we could all die from artificial intelligence.”
OpenAI’s representatives chimed in, and the judge requested that both sides refrain from alarming statements. “This court is not here to assess the risks of AI,” she asserted, emphasizing the trial’s focus.
At one point, Musk cautioned about a dire scenario resembling a “Terminator situation.” When asked what he meant, he responded dryly, “We’ve all seen that movie. That’s not a good situation.”
Additionally, Musk mentioned that xAI, his venture, has “partially” utilized some of OpenAI’s technology through a process termed “distillation,” which involves transforming one AI capability into another.
When questioned if xAI had “extracted” technology from OpenAI—something explicitly prohibited in OpenAI’s terms of service—Musk acknowledged, “In general, AI companies extract from other AI companies,” and admitted, “Partially,” when pressed for a clearer answer.
Musk is aiming for $180 billion in damages from OpenAI and Microsoft, and he has committed to donating any winnings to OpenAI’s charitable branch. He is also seeking to reinstate OpenAI’s nonprofit status and to remove executives Sam Altman and Brockman from their positions.
Reflecting on his trust in Altman, Musk stated in court that he felt “foolish” for believing in the future of OpenAI. “I was a fool for giving them free money to build a startup,” he said, highlighting that he provided $38 million in essentially free capital, which resulted in what has now grown into an $800 billion enterprise.
