OpenAI trial – OpenAI’s case nears closure in the Musk v. Altman trial, featuring a “jackass” moment, a trophy, and testimony involving Reid Hoffman.
A blockbuster courtroom fight over OpenAI’s direction is moving toward its end, with jurors hearing final testimony that turned on personal clashes, corporate strategy, and how Microsoft’s role may have reshaped a nonprofit mission.
The Musk v. Altman jury trial, which has featured weeks of testimony about some of Silicon Valley’s best-known figures, reached a key milestone as OpenAI wrapped up its case on Wednesday. Closing arguments were set for Thursday morning, with the jury expected to begin deliberations afterward.
At the heart of the case, Elon Musk alleges that Sam Altman and Greg Brockman “looted” the charity they co-founded in 2015. OpenAI, however, says Musk’s position is driven by “jealousy,” adding that Musk left the company in 2018 after failing to gain control.
In its final stretch. OpenAI presented a series of executives meant to show that the company had little choice but to partner with a major technology company like Microsoft in order to compete with rivals including Google and Anthropic.. The argument framed the Microsoft relationship not as a betrayal. but as a response to intense competitive pressure in advanced AI.
One of the most memorable witnesses on Wednesday was Joshua Achiam, OpenAI’s chief futurist.. He described a company meeting where Musk discussed his plans to exit OpenAI in 2018 and said he was leaving to start a competing AI.. Achiam told the jury that Musk said he wanted to build it quickly because he was worried that if someone else got there first. they would use it in the wrong way.
Achiam said he pushed back on the safety implications of Musk’s approach, describing it as “unsafe and reckless.” When asked how Musk responded, Achiam said the exchange became tense and that Musk snapped at him, calling him a “jackass.”
OpenAI tried to make that story tangible during the day’s proceedings.. Achiam had said he received a trophy after the confrontation: a small golden jackass inscribed with “never stop being a jackass for safety. ” which he said was given to him by colleagues Dario Amodei and David Luan as a thank-you for speaking up.. OpenAI’s lead attorney later told reporters that Wednesday was the first time he had touched the statue.. However, Judge Yvonne Gonzalez Rogers did not accept the trophy as evidence, meaning it was not shown to jurors.
While Achiam’s testimony focused on interpersonal conflict. other late-stage evidence targeted how Microsoft’s investment and partnership affected OpenAI’s nonprofit mission and control.. The case has featured dueling expert opinions on a core question: whether the nonprofit that runs OpenAI was harmed or helped by a $13 billion partnership with Microsoft.
Musk’s expert argued that the partnership harmed the nonprofit and supported Musk’s claim that OpenAI betrayed its origins and mission.. OpenAI’s counter came through its expert John Coates. who referenced the substance of Musk’s expert testimony and a related breakdown presented in a pie chart.. Coates said the partnership produced value for the nonprofit at a level he believed was accepted in Musk’s expert’s own testimony. noting: “If that’s not faring well. I don’t know what faring well is.”
Another thread in OpenAI’s final days of testimony involved Microsoft leadership and the question of donor expectations inside early OpenAI circles.. The jury heard on Thursday that Microsoft’s own CTO. Kevin Scott. once raised concerns about how major OpenAI donors—including LinkedIn co-founder Reid Hoffman— might view a partnership with Microsoft.
Scott’s 2018 email was read aloud to jurors as part of that point.. In the message. Scott said he doubted donors would appreciate OpenAI using their seed money to “go build a for-profit thing.” OpenAI’s lawyer questioned Scott. with the moment framed as a way to clarify what Scott knew at the time and why he said he had only “vague awareness” of developments at OpenAI.
Scott also told the jury he was not thinking about Musk when he made the remark. According to his testimony, his primary focus was Reid Hoffman, the OpenAI donor he said he knew, and he added that he was not thinking about anyone besides him.
Meanwhile, OpenAI sought to address and counter prior claims about internal culture and governance by returning to earlier testimony. The court heard again a videotaped deposition by former OpenAI board member Mira Murati.
OpenAI’s lawyers had portrayed Murati and other former leaders as supporting the strategy behind the company’s Microsoft dealings.. They pointed to statements from former board member Tasha McCauley about OpenAI’s 2019 Microsoft deal. where McCauley said OpenAI recognized that partnering was the best path forward for what it intended to build.. OpenAI also highlighted similar remarks about Microsoft’s 2023 investment in the company.
Murati. described as an Altman critic. also characterized OpenAI’s relationship with Microsoft as consistent with OpenAI’s mission when she was questioned about whether investment had given Microsoft undue control.. She was asked directly whether she thought the investments resulted in Microsoft having too much influence over OpenAI. and she answered “No.”
For investors and business watchers. the trial’s closing phase underscores how the dispute is as much about corporate strategy as it is about personal conflict.. The courtroom record repeatedly returns to the same dilemma: how an organization formed around nonprofit ideals can scale when it needs massive capital. fast technical execution. and a competitive edge.
The way witnesses were framed this week also highlights why Microsoft’s role keeps pulling focus.. OpenAI’s attorneys are effectively arguing that partnership decisions were driven by competition with major AI players. while Musk’s side argues that the same deal-making shifted the balance away from the nonprofit mission.
Taken together. the final days of testimony show that the jurors’ deliberations may hinge on two questions running in parallel: what the partnership actually changed for the nonprofit. and what decision-makers believed at the time—whether it was through the lens of donor concerns. internal governance. or safety and speed in building competing AI systems.
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