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Policy

Tech is reshaping the world — and not always for the better. Whether it’s the rules for Apple’s App Store or Facebook’s plan for fighting misinformation, tech platform policies can have enormous ripple effects on the rest of society. They’re so powerful that, increasingly, companies aren’t setting them alone but sharing the fight with government regulators, civil society groups, and internal standards bodies like Meta’s Oversight Board. The result is an ongoing political struggle over harassment, free speech, copyright, and dozens of other issues, all mediated through some of the largest and most chaotic electronic spaces the world has ever seen.

Lauren Feiner
Lauren Feiner
The Take It Down Act comes into full force next week.

The Federal Trade Commission reminded more than a dozen companies that it can soon begin enforcing the new mandate for platforms to remove nonconsensual intimate images within 48 hours of a valid request. The provision is one that critics fear could be enforced selectively or used to limit speech.

Elizabeth Lopatto
Elizabeth Lopatto
Bret Taylor has been asked to slow down twice.

He has not managed to do this at all. He is speaking rapidly, in a monotone.

Elizabeth Lopatto
Elizabeth Lopatto
“OpenAI is decidedly not profitable,” Taylor said.

“We’re decidedly not cash-flow-positive today.” The company has not generated any profits to date.

Elizabeth Lopatto
Elizabeth Lopatto
There’s “a lot of tension” between LLMs and what Taylor calls “content companies”...

Because LLMs keep stealing people’s work, lol. Anyway he was talking about the OpenAI deal with Reddit, which was done to avoid litigation.

Elizabeth Lopatto
Elizabeth Lopatto
Plantiff rests. OpenAI calls its first witness, Bret Taylor of OpenAI Foundation.

He is in a gray suit and gray tie. I am expecting more pleated khaki pants testimony. He was also the chair of Twitter’s board when it was acquired by Musk.

Elizabeth Lopatto
Elizabeth Lopatto
Ilya Sutskever says he was uncomfortable with Musk’s large ownership demand.

Also, Musk gave no guarantee his proposed control of the board would diminish over time. “I found it to be aggressive because I knew that Mr Musk had many other obligations in many other companies that the was running that were much larger than OpenAI,” he said. He also didn’t like the proposal that Tesla take over OpenAI. “It would be on some level, it would be like, it would kill a dream,” he said. “When one starts a company, one has dreams for a company to flourish and do different things, and in general being absorbed into another company means to give up that dream.”

Elizabeth Lopatto
Elizabeth Lopatto
Sutskever’s testimony is kind of a snooze so far.

We are now at “the blip” again. The board chose “not consistently candid” carefully, he says. Sutskever said he prepared a document of incidents with Altman, with some other people at OpenAI. Altman has a pattern of lying and pitting executives against each other, “this leads to tremendous loss of productivity,” trust, and difficulty creating safe AGI.

Lauren Feiner
Lauren Feiner
OpenAI sued over ChatGPT’s ‘defective’ design that allegedly assisted an accused FSU shooter.

The family of a victim of April’s mass shooting at Florida State University is suing OpenAI over its chatbot’s alleged role in encouraging the attack, which is already being probed by Florida’s attorney general. OpenAI spokesperson Drew Pusateri called the shooting a “tragedy” but said “ChatGPT is not responsible for this terrible crime.” More from Pusateri:

“In this case, ChatGPT provided factual responses to questions with information that could be found broadly across public sources on the internet, and it did not encourage or promote illegal or harmful activity.”

Elizabeth Lopatto
Elizabeth Lopatto
Satya Nadella is excused.

Our next witness is Ilya Sutskever. This promises to be more interesting, I think.

Elizabeth Lopatto
Elizabeth Lopatto
A lot of people contact Satya Nadella about their boards, apparently!

He says he provides suggestions a lot. And they’re just suggestions, including in the case of OpenAI. While Microsoft put forward 14 names, none of those names were added to the new OpenAI board except Sue Desmond-Hellman. CEO of the Bill and Melinda Gates Foundation, who was added later.

Elizabeth Lopatto
Elizabeth Lopatto
Microsoft’s lawyer is now back with Nadella.

He’s explaining that firing a CEO is “a fairly big things” and when he didn’t get any details on why Altman was fired, he felt that OpenAI’s board was “sort of amateur city as far as I was concerned.”

Elizabeth Lopatto
Elizabeth Lopatto
We are discovering that Satya Nadella knows very little about the OpenAI nonprofit.

We also discover that Nadella has no idea if Altman and Musk talked about Musk’s mean Microsoft/OpenAI tweets. As a side note, we are referring exclusively to “Twitter” and “tweets” even for posts after the X rebrand.

Elizabeth Lopatto
Elizabeth Lopatto
I can’t speak for the jury but I am very, very sick of hearing about “the blip.”

I recognize Musk has identified this as the spot where he was convinced he’d been swindled. But the main thing I’m hearing here is that OpenAI was unstable. I don’t know what the correct way to respond to that kind of chaos is, especially if you have a partnership with the company that appears to be rapidly imploding. Trying to suggest that Nadella’s attempts to stabilize the company and preserve his investment was somehow improper seems weird? This is a genuinely odd situation, not necessarily one you run into in business school. (Well, until then anyway.)

Elizabeth Lopatto
Elizabeth Lopatto
“Not consistently candid” press release about Sam Altman’s firing is what Molo is citing as why Nadella should have known why Altman was fired.

“Pretty definitive statement as to why they fired him, right?” Well, Mr. Molo, no. I remember a great deal of speculation about what this meant; for instance, if Altman had gotten up to something criminal. One of those moments where I wonder what the jury is thinking, since I doubt they recall any of this.

Elizabeth Lopatto
Elizabeth Lopatto
We are arguing now about risk and return.

Nadella is cooler than everyone else on cross, but he’s still getting worked up. Molo just got told by the judge that his question was argumentative. Molo is yelling about how the risk MSFT took on OpenAI was “prudent.” Nadella notes it’s still a risk. “At the time the was a risk it could to to zero,” Nadella says. “It was a calculated risk.” Molo, of course, is focused on projected return, of $92+ billion.

Elizabeth Lopatto
Elizabeth Lopatto
“I don’t want to be IBM and OpenAI to be Microsoft.”

Molo is asking about this line Nadella wrote in a 2022 email, and it’s very funny. Nadella has explained a couple times that to him it’s about IP rights. “The context for me was making sure that Microsoft was benefitting from the IP rights that we had because that’s what happened in the case of Microsoft and IBM.” Molo then says, didn’t Microsoft become more prominent and important than IBM? Nadella agrees.

Elizabeth Lopatto
Elizabeth Lopatto
We are on cross, with Steven Molo for Musk.

Nadella’s attitude is not notably different than it was on direct. We are talking about donating commute to OpenAI from Azure services. From a 1/12/18 email: “The 2016 deal, where they agreed to pay $10M for $60M in Azure services was projected at a $15M loss over 3 years, given assumed usage profile. They’ll have consumed all the usage in ½ that time.” The funny recurring theme here through the trial is the gaping maw of compute required is always bigger than whatever huge number people had projected. Interesting to know ahead of AI IPOs!

Hayden Field
Hayden Field
Satya Nadella seemed to forget he currently served on the board of a nonprofit.

He misstated at first that he didn’t currently serve on any such boards, though he is a trustee at the University of Chicago, which is a nonprofit.

Hayden Field
Hayden Field
During Altman’s ouster, Satya Nadella tried to reassure investors everything would not “crumble.”

The Microsoft CEO said that though things “started off as, essentially, a bunch of people leaving,” it turned into them “talking about creating a new company. That was obviously very concerning to me.” He said he was trying to make sure Altman and Greg Brockman joined Microsoft instead of launching a new competitor: “I just wanted to make sure we could hang onto the band that created all this technology, one way or the other.”

Elizabeth Lopatto
Elizabeth Lopatto
“Below them, above them, around them.”

Nadella is being asked about possibly the most baller thing he’s ever said. “Below them” means compute. “Around them” means API. “Above them” means products like Copilot. “The question was being asked, what happens if OpenAI disappears, will everything crumble? So I was trying to reassure everyone,” he says. The problem was that until he said this to Kara Swisher, “the drama of what was going on was drowning out what the customers care about.”

Elizabeth Lopatto
Elizabeth Lopatto
“We have each other’s phone numbers,” Nadella says of Musk.

He was being asked if at any point Musk contacted him to say that the OpenAI deals with Microsoft violated any agreement Musk had with OpenAI’s nonprofit. Musk did not. “Does he know how to contact you?” his lawyer, asked. “He does.”

Elizabeth Lopatto
Elizabeth Lopatto
Nadella tells us that before the OpenAI partnership, Google was its biggest AI competitor.

The partnership itself was “a fairly big decision for us” because “to make the call we’d use some of the scare resources we had” on it. But Microsoft accepted the risk of investing in Open AI because Microsoft has a “core ethos as a platform and partner company,” he says. “So if you find partners you can create these win/win with, it’s great to make them longterm stable.”

Elizabeth Lopatto
Elizabeth Lopatto
Satya Nadella is taking the stand, in a navy suit and a light blue tie with a white shirt.

He looks very nice. I am fully expecting his testimony to be the equivalent of a pair of pleated khaki pants.

Elizabeth Lopatto
Elizabeth Lopatto
Jury is here. We are now finishing a video deposition from Friday about the OAI deal with MSFT.

Michael Wetter, the VP of corporate development at Microsoft, “We’ve recognized $9.5B of total revenue life to date” as of 9/8/2025. He notes there’s context: a $13B investment with OpenAI and Azure compute.

TC Sottek
TC Sottek
GAME OVER.

You play as Donald Trump in the new web game Epic Furious: Strait to Hell. I lost my first run within 90 seconds by trying to hold hands with Melania. Oops. I got a GAME OVER — yes, in all-caps.

Epic Furious seems to be created by the same anonymous group — “The Secret Handshake” — which installed a statue of Trump and Epstein holding hands on the National Mall.

I haven’t gotten far enough yet, but good luck surviving an encounter with Pete Hegseth and Kash Patel.

Play here

[Epic Furious]

Elizabeth Lopatto
Elizabeth Lopatto
👑

“I can’t get my head around why [Musk lawyer] Mr. Molo told me this was not a focus of the trial,” YGR says. “That’s what my ruling is based on.”

Elizabeth Lopatto
Elizabeth Lopatto
We are having an arugment about evidence.

Last week, an expert witness testified about the 2025 recapitalization of OpenAI. OpenAI has said they’d like to include the AG’s conclusions, since the removal of the profit cap was mentioned. YGR is annoyed; she told Musk’s team not to go into detail, and OpenAI didn’t object at the time. “We’re in mud,” she just said. The problem is that Musk’s team is treating it as the crux of the “breach” Musk is alleging.

Richard Lawler
Richard Lawler
Musk v. Altman week two recap.

What happened in the second week of Elon Musk’s lawsuit against OpenAI and its CEO, Sam Altman? The Verge senior AI reporter, Hayden Field, can help you catch up.

Richard Lawler
Richard Lawler
War.gov/ufo.

The Trump Administration has made another website, this time a dedicated Pentagon page with “new, never-before-seen files on Unidentified Anomalous Phenomena (UAP) as part of the Presidential Unsealing and Reporting System for UAP Encounters (PURSUE).

There’s definitely plenty of darkness, shadow effects, and PDFs with all kinds of stamps — let us know if you find anything interesting this time.

8-9-52: FLYING SAUCERS, SAVANNAH RIVER PLANT, AEC. ADVISED THIS DATE THAT TWO EMPLOYEES OF THE E. I. DU PONT COMPANY SAW A BLUE LIGHT WITH AN ORANGE FRINGE SHAPED LIKE A SAUCER FLY OVER THE FOUR HUNDRED AREA OF THE SAVANNAH RIVER PLANT AT APPROXIMATELY NINE THIRTY PM AUGUST EIGHT, FIFTYTWO. OBJECT FLYING AT A HIGH RATE
[65_HS1-834228961_62-HQ-83894_Section_7]
Screenshot: Department of Defense
Jess Weatherbed
Jess Weatherbed
Meta is suing Ofcom over online safety fees.

Meta argues that the UK communications regulator has “disproportionate” fine calculations — up to ten percent of the company’s global revenue for Online Safety Act breaches — that should instead be “based on the services being regulated in the countries they’re being regulated in.” The EU uses a similar methodolgy for fines.

Jay Peters
Jay Peters
President Trump’s 10 percent global tariffs have been struck down by the US trade court.

The US Court of International Trade ruled 2-1 against the tariffs, Reuters reports. The tariffs originally went into effect in February, with Trump invoking a section of the Trade Act of 1974.

Emma Roth
Emma Roth
French prosecutors open a criminal investigation into X’s AI deepfakes.

Following a missed April court date, French prosecutors have formally opened a criminal investigation into Elon Musk and former X CEO Linda Yaccarino over the platform’s role in spreading sexualized AI deepfakes and illegal content, as reported by CNBC.

Mira Murati’s deposition pulled back the curtain on Sam Altman’s ouster

The former OpenAI CTO had receipts. But they mostly confuse her own story.

Hayden Field
Elizabeth Lopatto
Elizabeth Lopatto
Oh this tack is more effective. Then OpenAI lawyer is going after Columbia...

Which gets something like $2 billion from hospital operations, more than $1 billion in tuition, and an endowment of $16 billion, plus $2.2 billion in philanthropy. Does this mean that Columbia is deviating from its mission to educate kids and support research?

Elizabeth Lopatto
Elizabeth Lopatto
This cross of Schizer is pretty weak.

Like, yes, sure, he doesn’t understand AI, but we have lots of nonprofits, which are governed by the same set of laws. Sure, yes, he’s getting $1,500 per hour from Musk and that is probably a pretty penny — likely more than my annual salary — but also... who cares. I was not overwhelmed by Schizer’s testimony but this cross isn’t doing anything to knock it down for me.

Elizabeth Lopatto
Elizabeth Lopatto
Basically everything Schizer is saying is couched as a hypothetical...

because the jury is engaged in a fact-finding mission. Anyway, of a hypothetical, he says: “You don’t want to be known as a liar.” Evidently Schizer is unfamiliar with the current president of the United States.

Elizabeth Lopatto
Elizabeth Lopatto
We are now hearing from David Schizer, one of Musk’s expert witnesses.

He’s a professor of law and economics at Columbia Law School. He specializes in nonprofits, nonprofit taxation, and management. We are going through an exhaustive list of his qualifications.

Elizabeth Lopatto
Elizabeth Lopatto
You may wonder: are we still listening to the video deposition of Tasha McCauley?

Yes. The main thing I am taking away from McCauley’s and Toner’s testimony is that the board got really bad advice from whatever lawyers they consulted on the firing Altman thing. I mean, I hope they consulted lawyers. I don’t think that’s come up in the testimony.

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