As Elon Musk's lawsuit against OpenAI entered its second week, focus shifted to the company's president, Greg Brockman. Over several hours on Monday and Tuesday, Brockman faced questions concerning his emails, texts, and a personal diary that has become central evidence in the trial.
Musk's lawsuit centers on his allegation that Brockman, OpenAI, and CEO Sam Altman violated the artificial intelligence firm's founding agreement by transforming it into a for-profit entity. Musk argues that Altman and Brockman also unjustly enriched themselves, effectively using Musk's money while misleading him about their true business intentions. He seeks the removal of Altman and Brockman, the reversal of the for-profit restructuring, and $134 billion to be distributed to OpenAI's non-profit arm.
The journal, maintained by Brockman during the company's formative years around 2015, has served as a consistent line of attack for Musk's attorneys leading up to and during Brockman's testimony. Musk's team presented numerous excerpts, which OpenAI contends are taken out of context, to portray Brockman as self-interested and deceptive. Judge Yvonne Gonzalez Rogers cited Brockman's entries multiple times in her decision to deny OpenAI's motion to prevent the case from proceeding to trial.
In one entry, Brockman wrote, "Financially what will take me to $1B?" as he reflected on what he "really wants." During Brockman's pre-trial deposition, Musk's attorney brought up the journal a half-dozen times, questioning why Brockman wrote "it would be nice to be making the billions." Brockman clarified that he meant it would be beneficial for the company to have a revenue plan beyond donations.
Another entry, considering Musk's role in the company, read: "It'd be wrong to steal the non-profit from him. to convert to a b-corp without him. that’d be pretty morally bankrupt. and he’s really not an idiot."
Musk's lead attorney, Steven Molo, called Brockman to testify on Monday and interrogated him about the meaning of several entries, specifically the line that Musk was "really not an idiot." Molo asked, "Did you mean to say that only an idiot would allow you to steal a charity?" Brockman responded, "No."
During a series of tense exchanges, Musk's attorney repeatedly read portions of Brockman's journal to the court, accusing him of deceiving Musk. "You weren't honest with Elon Musk when you told him that you wanted OpenAI to remain a non-profit, were you?" Molo questioned. Brockman firmly replied, "We were absolutely honest with Elon."
OpenAI has denied all of Musk's claims, asserting that the Tesla CEO is simply a disgruntled former co-founder who departed the company in 2018 after a failed attempt to gain control. They argue that Musk was always aware of the intention to establish a for-profit structure and that OpenAI continues to be overseen by a non-profit entity committed to benefiting humanity through AI.