Two days before the Elon Musk vs. OpenAI trial commenced last week, Musk reportedly sent a text message to OpenAI's President and co-founder, Greg Brockman, suggesting that OpenAI settle the ongoing lawsuit.
However, when Brockman responded by proposing that both sides drop their respective suits, the exchange escalated dramatically. Musk's alleged reply was ominous: “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.”
These claims are detailed in a new filing submitted on Sunday by OpenAI’s lawyers. While the filing did not include copies of the actual text messages, a significant portion of it was dedicated to arguing for the admissibility of this settlement discussion as evidence. Nonetheless, the judge was not persuaded, ruling the exchange inadmissible, according to TechCrunch reporter Tim Fernholz, who is covering the trial on-site.
The implications of this alleged exchange, however, are clear. Musk's lawsuit seeks to dismantle OpenAI’s for-profit structure, mandate that its technology be made publicly available, revoke Microsoft’s licensing agreement, and compel OpenAI to pay him general, compensatory, and punitive damages, along with his legal fees. Following the public disclosure of this “settle-or-else” text by OpenAI’s legal team, observers quickly speculated that the true motivation behind the trial might not be Musk's stated concern for AI safety, but rather a demand for financial compensation from OpenAI’s success while simultaneously disadvantaging a rival. This interpretation aligns closely with the allegations made in OpenAI’s countersuit against Musk.
The trial continues as scheduled.