Elon Musk on Thursday sparred with an attorney for OpenAI during his third day of testimony in the contentious trial over the company's pivot from nonprofit status to a for-profit venture valued at hundreds of billions of dollars.
The trial centers on the 2015 birth of the ChatGPT maker as a nonprofit startup primarily funded by Musk. It pits the world's richest person against Sam Altman, a fellow OpenAI co-founder he accuses of betraying promises to keep the company as a nonprofit dedicated to humanity's benefit.
During a tense cross-examination on Thursday, Musk said he knew about early discussions around turning OpenAI into a for-profit company, but was reassured by Altman that it would remain a nonprofit.
The world's richest person is suing OpenAI, alleging the company, Altman and its President Greg Brockman secured his $38 million in donations and personal help by promising to build a nonprofit that would prioritize safe development of AI, before pivoting to create a for-profit entity to enrich themselves.
William Savitt, a lawyer for OpenAI, Altman and Brockman, pressed Musk on whether he had read a term sheet that Altman forwarded on Aug. 31, 2017, relating to OpenAI's shift from a nonprofit to a for-profit overseen by a nonprofit.
"My testimony is I didn't read the fine print, just the headline," said Musk, wearing a dark suit, dark solid tie and white shirt.
The trial, in its third day in a California courtroom, could determine the future of OpenAI, which spearheaded widespread use of AI with its ChatGPT chatbot and has been raising billions of dollars from investors to build out its computing power ahead of a potential trillion-dollar IPO.
Musk is seeking fundamental changes to the governance of the company as well as $150 billion in damages.
OpenAI has said that Musk, the CEO of Tesla and SpaceX, is driven by a compulsion to control OpenAI and is bitter about the company's success after he left its board in 2018. It has also said that Musk did not prioritize safety issues while with the company, and that he is trying to bolster his own AI company, SpaceX unit xAI, which lags OpenAI in user adoption.
'You cut me off'
At times, Musk expressed frustration with Savitt's cross-examination.
"Few answers are going to be complete, especially when you cut me off all the time," Musk said.
U.S. District Judge Yvonne Gonzalez Rogers later admonished Savitt for not letting Musk answer a question, but rejected Musk's complaints that the lawyer was leading the questioning.
Musk was asked why he did not sue OpenAI earlier, as well as how and why he did not realize it was going to become a for-profit entity. Savitt pointed to emails sent to Musk from other OpenAI founders that show them discussing making OpenAI's technology closed-source at some point or making money from it.
"I was reassured by Sam Altman and others that OpenAI would continue as a nonprofit," Musk said.
Musk told the court that the for-profit company now has OpenAI's assets.
"The for-profit is overwhelmingly where the value is. The for-profit has taken the super majority of the value of the nonprofit," Musk said.
Under questioning, Musk also said his company xAI used OpenAI to train its own models, adding: "It is standard practice to use other AIs to validate your AI."
Altman and Brockman were in the courtroom for much of Musk's testimony, watching intently. Musk was dismissed after more than two hours of questioning, followed by his top aide, Jared Birchall, taking the stand.
$150 billion in damages
OpenAI, founded in 2015, has evolved from a nonprofit research lab in Brockman's apartment to a company worth more than $850 billion that is planning a potential initial public offering.
Musk is seeking the $150 billion in damages from OpenAI and Microsoft, one of its largest investors, with proceeds going to OpenAI's charitable arm. Musk also wants OpenAI to revert to being a nonprofit, with Altman and Brockman removed as officers and Altman removed from its board.
Musk is accusing OpenAI of breach of charitable trust and unjust enrichment. He is suing Microsoft for aiding and abetting the breach of a charitable trust.
Savitt sought to demonstrate that Musk is a mirror image of what he denounces: all of his companies – Tesla, Neuralink, X and xAI – are for-profit, and the entrepreneur himself presents them as beneficial to humanity.
"I don't think you should turn a nonprofit into a for-profit," Musk said in response to questions from Savitt. "There's nothing wrong with having a for-profit organization, you just can't steal a charity."
OpenAI has said it created a for-profit entity to allow it to accept private investments to help buy computing power and pay top scientists.
Musk has accused OpenAI of abandoning its mission to develop artificial intelligence for the benefit of humankind.
Existential discussion
Steven Molo, a lawyer for Musk, argued in court that expert testimony about AI's ability to end humankind should be admissible evidence, saying, "Extinction risk is a real problem. This is a real risk. We all could die."
The judge responded, "I think it's ironic that your client, despite these risks, is creating a company that's in the exact same space," referring to Musk's AI venture xAI, which launched in 2023.
People, she said, "don't want to put the future of humanity into Mr. Musk's hands," and instructed the parties not to discuss the dangers of AI to humanity during the course of the trial.
"This is not a trial on the safety risks of artificial intelligence. This is not a trial on whether or not AI has damaged humanity," she said. "It could be one day in a federal court in this country that we may have that trial. That is not this trial and we are not going to get sidetracked on that issue in this trial."
The trial started on Monday and is expected to last several weeks. The next witnesses after Birchall are expected to be Brockman and AI safety expert Stuart Russell.