Musk Claims Deception in OpenAI Trial, Warns of AI Dangers, and Admits xAI Uses OpenAI Models
In a landmark trial, Elon Musk accused OpenAI of deceiving him into funding a non-profit that became a multi-billion-dollar entity, while also admitting his company xAI uses OpenAI's models.
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In the inaugural week of the high-stakes trial between Elon Musk and OpenAI, the tech titan took the stand in a crisp black suit, asserting that OpenAI CEO Sam Altman and President Greg Brockman had misled him into bankrolling the company. Amidst his testimony, Musk issued dire warnings that artificial intelligence could pose an existential threat to humanity. Adding a surprising twist, he confessed, to audible gasps in the Oakland, California federal courtroom, that his own AI venture, xAI, responsible for the Grok chatbot, utilizes OpenAI’s models for its training.
Musk, who co-founded OpenAI in 2015, expressed profound remorse, stating he was a "fool who provided them free funding to create a startup." He maintained that his initial $38 million investment was intended for a non-profit entity dedicated to developing AI for the benefit of humanity, not to enrich its executives. He lamented how his contribution ultimately fueled the creation of an "$800 billion company." Musk is now seeking court intervention to remove Altman and Brockman and to reverse the restructuring that enabled OpenAI to operate a for-profit subsidiary, a move that could significantly impact OpenAI's potential IPO at a near-trillion-dollar valuation.
The core of the trial revolves around Musk's motivations for suing OpenAI. He argued his aim was to safeguard OpenAI's foundational mission of developing AI responsibly by reinstating its original non-profit structure. However, OpenAI's lawyer, William Savitt, countered forcefully, asserting that Musk was "never committed to OpenAI being a nonprofit" and that his lawsuit is a calculated attempt to undermine a formidable competitor to his own burgeoning tech empire. Savitt highlighted Musk's past advocacy for AI safety, including his co-founding of OpenAI as a "counterbalance to Google," and his chilling "Terminator situation" warning.
The courtroom witnessed heated exchanges as Savitt, in his sharp cross-examination, challenged Musk's portrayal as a "paladin of safety and regulation." Savitt notably pointed to xAI's lawsuit against the state of Colorado over an AI law designed to prevent algorithmic discrimination, suggesting a contradiction in Musk's stance. The presiding judge, Yvonne Gonzalez Rogers, interjected sternly, questioning Musk's dual role: "Despite these risks, your client is creating a company that’s in the exact space... I suspect there’s plenty of people who don’t want to put the future of humanity in Mr. Musk’s hands." The judge eventually snapped, reminding the lawyers, "This is not a trial on whether or not artificial intelligence has damaged humanity."
Musk clarified his decision to sue in 2024, outlining "three phases" in his evolving perception of OpenAI. Initially "enthusiastically supportive," he moved to a phase where he "started to lose confidence that they were telling me the truth," culminating in phase three where he became "sure they’re looting the nonprofit." He recounted discussions in 2017 about a for-profit subsidiary to fund AGI development, stating he was not opposed to a "small for-profit that provides funding to the nonprofit, as long as the tail didn’t wag the dog." The critical turning point, he testified, was learning of Microsoft's $10 billion investment in late 2022, which he viewed as a "bait and switch" from the original non-profit ethos.
Savitt relentlessly pressed the argument that Musk's true motive was competitive. He highlighted Musk's simultaneous roles on OpenAI's board while running Tesla and Neuralink, and his subsequent founding of xAI in 2023. Savitt presented an email from Musk to a Tesla vice president in 2017, after hiring OpenAI co-founder Andrej Karpathy, where Musk wrote, "The OpenAI guys are gonna want to kill me. But it had to be done." When confronted, a flustered Musk claimed Karpathy had already decided to leave OpenAI, asserting, "I believe it’s a free world." The trial continues to unravel the complex interplay of ambition, ethics, and the future of AI.




