A nine-person jury is set to decide whether Elon Musk’s allegations of “stealing a charity” against Sam Altman and OpenAI are legitimate, with deliberations to begin in earnest on Monday. Whatever its outcome, the case has been an illuminating, at times exhausting, look behind the scenes at the history of OpenAI and how some of the most powerful figures in the tech industry operate.
Attorneys for both sides have introduced reams of private text messages, emails and even diary entries to support their arguments. A who’s who of Silicon Valley testified in the trial, including Microsoft CEO Satya Nadella and the mother of some of Musk’s children, Shivon Zilis. Both Altman and Musk also took the stand for hours, facing combative cross-examinations that painted them each as untrustworthy.
Over the course of three weeks in an Oakland, California, federal courthouse, the trial has pit the richest person in the world against the biggest names in artificial intelligence. It has provided moments of embarrassment for both tech moguls and underscored just how bitter the feud between them has become.
The core of Musk’s case revolves around allegations that Altman, OpenAI and its president, Greg Brockman, broke a founding agreement of the AI firm, established as a non-profit in 2015, when they later restructured it into a for-profit entity. Musk claims that he was swindled by Altman, who lured Musk in as a co-founder and took his financial backing, then twisted the company for personal gains. Musk’s suit claims a breach of charitable trust and unjust enrichment by Altman and Brockman.
As the trial progressed, a mix of academic experts and tech industry bigwigs all weighed-in on Musk’s allegations. Collectively, they presented two differing accounts of OpenAI’s history: one where an impatient Musk left the company he knew would eventually seek profit, and another where Altman pursued power while deceiving anyone necessary in order to attain it.
OpenAI has denied all of Musk’s allegations, arguing that not only was he aware of plans to create a for-profit entity but that he made a failed bid to take total control of the company, departed it in a huff in 2018, and founded a competitor, xAI. OpenAI has cast Musk as a sore loser in the AI race who is seeking revenge through the suit. The AI firm also maintains that its for-profit arm is still overseen by a non-profit, which its lawyers repeatedly described as one of the most well-resourced charitable organizations in the world.
Musk is seeking the removal of Altman and Brockman, the undoing of OpenAI’s for-profit restructuring and the redistribution of $134bn from its for-profit entity to its non-profit organization. If the jury finds OpenAI is liable, the verdict could present sizable difficulties for the company, which is seeking to go public later…
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