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Musk Spars With OpenAI Lawyer in Trial Over OpenAI’s Nonprofit Promise

Cross-examination spotlighted emails suggesting Musk supported a for-profit path.

Overview

  • Musk, who returned to the stand Wednesday, called himself a "fool" for giving OpenAI about $38 million and accused OpenAI’s lead attorney of asking trick questions during a tense cross-examination.
  • OpenAI’s counsel presented 2015–2017 emails and notes showing Musk discussed creating a for-profit arm, pressed for initial board control, and had an aide register a public benefit corporation, which he said was acceptable only if it served the nonprofit.
  • Musk said Microsoft’s 2023 $10 billion investment confirmed a "bait-and-switch," pointing to texts where he told Sam Altman it felt wrong and testimony that an offer to let him buy equity "felt like a bribe."
  • The suit seeks to return OpenAI to a nonprofit, remove Sam Altman and Greg Brockman from control, and send any damages to the OpenAI charity, and reporters note a Musk win could upend a planned IPO.
  • The case is in a liability phase with a nine-person advisory jury, Judge Yvonne Gonzalez Rogers will later decide remedies, and cross-examination is set to continue Thursday.