The cross-examination was a much-needed victory for Musk, who has so far struggled to make a solid case. Tuesday’s testimony included several heated arguments, in which the OpenAI CEO had to respond to allegations from former colleagues that he is untrustworthy.
Uncovering this evidence is important not only for Musk to win over the jury, but also to defeat OpenAI in the court of public opinion. A few days before the test was to begin, Musk messaged OpenAI President Greg Brockman and told him that he and Altman would soon be “the most hated people in America.”
Musk’s lawsuit accuses Altman of effectively stealing the OpenAI charity and taking the $38 million Musk donated to the nonprofit organization and using it to build a profitable business worth more than $850 billion.
However, there was little evidence Tuesday to address the shortcomings in Musk’s legal case. Altman and Sam Taylor, Musk’s former chief of staff, testified Tuesday that they did not recall Musk ever attaching any special conditions to his donation to OpenAI. Additionally, it seems more likely that Musk filed his case too late, years after making his last donation to OpenAI, raising suspicions that the organization violated its charitable trust. By then, the statute of limitations had already expired.
Brockman and his wife, Anna, sat in the gallery with Joshua Achim, OpenAI’s chief futurist. While Altman and Brockman were present to see Musk on the witness stand, Musk did not stay for Altman’s testimony. (Flight records show he was traveling to the Washington, D.C., area on Tuesday to visit China with President Donald Trump.)
Before Musk’s lawyers asked questions, Altman got a chance to tell his side of the story, answering gentle questions from OpenAI’s lawyers. Wearing a purple tie, Altman portrayed himself as an entrepreneur and investor who has always been fascinated and intrigued by the power of artificial intelligence.
Altman testified that Musk had long been obsessed with controlling OpenAI. He recalled “a particularly hair-raising moment” when Musk suggested that control of OpenAI be passed to his children if Musk died. “We didn’t feel comfortable with it,” Altman said. Altman also suggested that Musk’s attempt in 2018 to start an AI unit within Tesla and give him a chance to run it felt like a “vague, mild threat” that Musk would effectively crush OpenAI with or without him.
Altman bombing
Musk’s attorney Steven Molloy wasted no time in his cross-examination, asking Altman: “Are you completely trustworthy?” As his first question. Altman responded that he believed so, and then Molloy immediately asked whether the jury should believe the testimony he had given. Altman responded, “That’s up to them. I’m not going to tell the jury what to think.” Here’s the heated debate that followed, as best WIRED could capture it:
Molo: Do you always tell the truth?
Altman: I’m sure there have been times in my life when I haven’t done that.
Molo: Do you lie to further your business interests?
Altman: No.
Molo: Have you misled the people you do business with?
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