Elon Musk’s $134 billion lawsuit against OpenAI entered its second week with explosive testimony revealing Musk’s attempts to recruit Sam Altman to Tesla and threatening text messages sent just days before the trial began. According to MIT Technology Review, the high-stakes courtroom battle could determine OpenAI’s path toward a potential $1 trillion IPO.
The trial centers on Musk’s claim that Altman and OpenAI president Greg Brockman deceived him into donating $38 million to what he believed would remain a nonprofit focused on developing AI for humanity’s benefit. Musk left OpenAI’s board in 2018 and founded competing AI company xAI in 2023.
Musk’s Tesla Recruitment Attempt Exposed
Shivon Zilis, a former OpenAI board member and mother of four of Musk’s children, testified Wednesday that Musk tried to recruit Altman to lead a “world-class AI lab” within Tesla just months before leaving OpenAI’s board in February 2018. According to Wired, Musk offered Altman a Tesla board seat as part of the recruitment effort.
Emails presented as evidence showed Zilis acting as a conduit between Musk and Altman during this period. In a February 2018 text, Zilis asked Altman, “Did you think through a B Corp subsidiary of Tesla?” OpenAI lawyer William Savitt argued this was “part of Mr. Musk’s effort to corrupt OpenAI and absorb it into Tesla.”
The testimony supports OpenAI’s defense that Musk sued not out of concern for AI safety, but because he failed to gain “absolute control” over the company and now seeks to undermine a competitor.
Threatening Texts Before Trial
Two days before the trial began, Musk texted Brockman suggesting OpenAI settle the lawsuit. When Brockman replied suggesting both sides drop their suits, TechCrunch reported that Musk responded ominously: “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 judge ruled this exchange inadmissible as evidence, but OpenAI’s lawyers included it in a Sunday filing to demonstrate what they characterize as Musk’s true motivations. The “settle-or-else” message reinforces OpenAI’s countersuit allegations that Musk’s lawsuit aims to extract money while damaging a rival company.
Sam Altman Ouster Details Emerge
Former OpenAI CTO Mira Murati’s videotaped deposition provided new details about Altman’s dramatic November 2023 ouster and reinstatement. The Verge reported that the testimony offered “a concrete look behind the scenes” of the weekend that shook the AI industry.
The OpenAI board initially removed Altman for being “not consistently candid in his communications,” but reversed course within days after employee and investor pressure. Murati briefly served as interim CEO during the turmoil.
Testimony from former board member Helen Toner was also presented to raise questions about Altman’s alleged “history of deceit,” though specific details from these depositions were not fully disclosed in court filings.
High-Stakes Financial Claims
Musk seeks to unwind OpenAI’s 2024 restructuring that converted its for-profit subsidiary into a public benefit corporation. His lawsuit demands removal of Altman and Brockman from leadership roles, public release of OpenAI’s technology, cancellation of Microsoft’s licensing agreement, and up to $134 billion in damages.
Microsoft CEO Satya Nadella was scheduled to testify this week, followed by OpenAI cofounder and former chief scientist Ilya Sutskever. Microsoft invested billions in OpenAI and maintains licensing rights to its models through 2032.
OpenAI’s current valuation exceeds $800 billion, making it one of the world’s most valuable private companies. The outcome could significantly impact the company’s IPO timeline and structure.
What This Means
This trial represents more than a dispute between former business partners — it could reshape how AI companies structure themselves and interact with investors. If Musk succeeds in unwinding OpenAI’s for-profit structure, it would set a precedent for challenging similar corporate transformations in the AI sector.
The testimony reveals the intense competition and personal animosity driving AI development at the highest levels. Musk’s attempts to recruit Altman and absorb OpenAI into Tesla demonstrate how tech leaders view AI capabilities as strategic assets worth billions.
For OpenAI, a favorable outcome preserves its path toward public markets and validates its corporate restructuring. A loss could force fundamental changes to its business model and leadership structure, potentially benefiting competitors like Musk’s xAI.
FAQ
What is Musk suing OpenAI for?
Musk claims Altman and Brockman deceived him into donating $38 million to what he believed would remain a nonprofit, then converted it to a for-profit structure. He seeks $134 billion in damages and removal of current leadership.
How much did Musk invest in OpenAI originally?
Musk donated $38 million to OpenAI during his involvement from 2015 to 2018, when he served as a cofounder and board member before leaving to start competing AI company xAI.
What could happen to OpenAI if Musk wins?
A victory for Musk could force OpenAI to unwind its for-profit structure, remove Altman and Brockman from leadership, cancel Microsoft’s licensing deal, and make its technology publicly available.
Related news
Sources
- Live updates from Elon Musk and Sam Altman’s court battle over the future of OpenAI – The Verge
- Musk v. Altman week 2: OpenAI fires back, and Shivon Zilis reveals that Musk tried to poach Sam Altman – MIT Technology Review
- Mira Murati’s deposition pulled back the curtain on Sam Altman’s ouster – The Verge
- Elon Musk sent ominous texts to Greg Brockman, Sam Altman after asking for a settlement, OpenAI claims – TechCrunch
- Elon Musk’s Last-Ditch Effort to Control OpenAI: Recruit Sam Altman to Tesla – Wired






