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Live updates from Musk v. AltmanLive updates from Musk v. Altman
Elizabeth Lopatto and Hayden Field
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.

Dominic Preston
Dominic Preston
Xmaxxing.

Following its acquisition by Elon’s other company, xAI is now being referred to as SpaceXAI. Presumably this is only the start of the brand synergy to come.

tuff_ghost:

Excited for X to become SpaceX X by XAi

Get the day’s best comment and more in my free newsletter, The Verge Daily.

Jay Peters
Jay Peters
xAI is becoming SpaceXAI.

In Wednesday’s annoucement of its compute partnership with Anthropic, the company formerly known as xAI referred to itself as “SpaceXAI.” It was the first time I had seen that name, and while I don’t think it’s a good one, it made some sense following SpaceX’s acquisition of xAI.

According to Elon Musk, “xAI will be dissolved as a separate company, so it will just be SpaceXAI, the AI products from SpaceX.”

Richard Lawler
Richard Lawler
Brockman talks Dota 2.

Brockman said that focusing on the game was his idea, in a project worked on by several people, later explaining that DeepMind was working on something similar with a different game but “had nothing” yet, contributing to their decision not to open-source the technology.

The most notable part of the project, however, is how its development led to understanding that increasing the scale of their compute could rapidly advance the AI capabilities. “…the first Dota bot Jakub Pachocki trained was on 16 CPU cores … every week they had 2x the CPU cores, and the AI got 2x better. There was no limit. We kept increasing the scale, thinking this would peter out, but it never did,” said Brockman.

Google’s AI architect lived rent-free in Elon Musk’s head

DeepMind’s Demis Hassabis was a constant figure of fear among Musk and other OpenAI higher-ups.

Hayden Field
Elizabeth Lopatto
Elizabeth Lopatto
Jury is sent out for the day.

Just before they left, Jared Birchall’s testimony regarding the funding of the bid to buy OpenAI — the subject of last week’s drama — was struck.

Elizabeth Lopatto
Elizabeth Lopatto
We are hearing about the early days of OpenAI.

In Brockman’s telling, Altman was around a lot more often than Musk. The gee-whiz energy here is off the charts, including a pre-launch story about the group being stuck in traffic for an hour and a half and not noticing because they were having such a good time.

Elizabeth Lopatto
Elizabeth Lopatto
Early worries about Musk came from Ilya Sutskever.

From Sutskever’s texts to Brockman:

Elon might spend half a day a week with us

I imagined how it will be and I worry that our work environment can become very stressful

And since he’ll be bankrolling it, itll be hard to stop it

Elizabeth Lopatto
Elizabeth Lopatto
Brockman is describing his bromance with Altman.

When Brockman was leaving Stripe, he told Altman “I’m thinking about doing an AI thing” and Altman said, “I’m also thinking about doing an AI thing” and “then we kept in touch.” They went to a dinner in Menlo Park — Musk arrived an hour late — to talk about AGI, then Brockman caught a ride home with Altman.

Elizabeth Lopatto
Elizabeth Lopatto
“I do all the things.”

Asked what he does as president of OpenAI, that’s how Brockman responded. God I hate hearing millennial slang in the courtroom. Sooo I did a thing… for $30 billion.

Elizabeth Lopatto
Elizabeth Lopatto
Brockman says we are 80 percent of the way to AGI.

“We very much have these AI models that are smart and capable but they’re not fully connected to the world,” Brockman says. “We as society are still figuring out how do we integrate these.” This is lol and also lmao.

Elizabeth Lopatto
Elizabeth Lopatto
Open AI’s direct examination of Brockman is pretty sedate so far… aside from Tesla.

When Musk left OpenAI he told Brockman that he was going to start an AGI competitor within Tesla. “The most important thing was that there was going to be a counterweight to Google/Deepmind,” Brockman said. Musk said there was “no hope — zero percent chance” at OpenAI. Musk also told Brockman that the work on AGI at Tesla would be secret because “the shareholders wouldn’t like it.”

Elizabeth Lopatto
Elizabeth Lopatto
OpenAI’s lawyers are now getting their shot at Brockman.

Curious to see what they can recover from this testimony.

Elizabeth Lopatto
Elizabeth Lopatto
For real, I think nerds should not testify in court.

Look, correcting lawyers on whether they’ve dropped an article and saying things like “all those words are accurate so far” probably plays in a lot of places but this nitpicking doesn’t really cover you in glory in a courtroom. I get it! I am also obnoxious! But this kind of quibbling doesn’t help Brockman recover from the journal entries that make him look unreliable.

Elizabeth Lopatto
Elizabeth Lopatto
We are now looking at Brockman’s other financial dealings.

Cerebras, Stripe, CoreWeave, and Helion all appear on his financial disclosures. All four have deals with OpenAI. I see where this is going — probably a preview of what to expect with Altman.

Elizabeth Lopatto
Elizabeth Lopatto
We finished with the Microsoft investment pretty quickly.

It happened. Kind of a nothingburger, as Brockman said that the deal was “not really my focus area.” We are now back in his disclosures. OpenAI did a December 2025 deal with Cerebras, for $10 billion of chips — and Brockman had an investment. The deal increased Cerebras’ valuation to $23 billion. “Your equity in Cerebras became more valuable because of the transaction OpenAI did?” Brockman admits that’s possible.

Elizabeth Lopatto
Elizabeth Lopatto
Altman didn’t return after we took our break.

But Brockman is back on the stand, and boy, morning has not been good to him. We are now moving on to Microsoft.

Elizabeth Lopatto
Elizabeth Lopatto
We are presently having a fight about purple boxes.

You may recall from Musk’s testimony that OpenAI has used purple boxes to highlight things. We see another purple box in OpenAI LLC’s announcement it exists. Molo asks if this is something OpenAI generally uses in its paperwork to highlight important things. Brockman says no. We go back and forth on this for a while, because Brockman thinks Molo’s statement is overly broad.

Elizabeth Lopatto
Elizabeth Lopatto
We have been doing the same question for perhaps the last five minutes.

Brockman is worth $30 billion. Molo has been asking, over and over, why Brockman hasn’t donated the $29 billion to OpenAI’s charity since he’d be good at $1 billion. Brockman has been making weird non-answers. He sounds nervous and not especially convincing.

Elizabeth Lopatto
Elizabeth Lopatto
“Financially what will take me to $1B?”

The famous Brockman quote has finally hit. Molo is arguing that rather than figuring out funding for the nonprofit, Brockman was plotting to get rich. Brockman is trying to say that there’s more context. While Molo is getting worked up, Brockman is pretty level. “Do we accept Elon’s terms, or do we reject the terms, he quits to create his own [AI company], and then we create our own [AI company]?” Molo tried to strike the answer, but he is overruled.

Elizabeth Lopatto
Elizabeth Lopatto
“His story will correctly be that we weren’t honest with him in the end about still wanting to do the for profit just without him.”

Greg Brockman’s journal really is making Greg Brockman look unreliable. Six days after telling Musk that Brockman et al. wanted more results in the nonprofit and to fundraise there, he writes, “We’ve been thinking about that maybe we should just flip to a for-profit. making money for us sounds great and all.” Brockman says this was an expression of a frustration and not a plan. Molo asks if he rehearsed that. Brockman says “no.”

Elizabeth Lopatto
Elizabeth Lopatto
Greg Brockman’s journal: “it’d be wrong to steal the non-profit from him.”

He also writes, “To convert to a b-corp without him. That’d be pretty morally bankrupt.” That’s probably the most solid thing the Musk team has gotten out during the trial so far.

Elizabeth Lopatto
Elizabeth Lopatto
Brockman is not doing himself any favors.

Molo asks if the nonprofit should still be a philanthropic endeavor. Brockman says, forcefully, “no.” We then look at notes from his diary, where he records Musk as saying “gotta figure out how do we transition from non-profit or something which is essentially philanthropic endeavor and is b-corp or c-corp.” Does make Brockman look pretty shifty.

Elizabeth Lopatto
Elizabeth Lopatto
Brockman’s cross-examination isn’t as testy as Musk’s, but he’s also pushing back on a lot of questions.

We are hearing a lot of “I wouldn’t characterize it that way,” “I’m not sure I’d say it that way,” and “This sounds like something that I wrote, is it okay if we see it in context?” It’s not as contentious or tense as Musk’s exchanges with Savitt, but it’s definitely notable.

Elizabeth Lopatto
Elizabeth Lopatto
Is sending stuff to Sam Teller and Shivon Zilis the same as sending it to Musk?

The question is whether Brockman disclosed his ownership of Cerebras when OpenAI was discussing merging with it. Brockman told Teller and Zilis, who were in theory Musk’s chiefs of staff, but not Musk himself. Molo is driving this home, which… I am less convinced by. Lots of executives delegate.

Elizabeth Lopatto
Elizabeth Lopatto
Brockman and Altman’s alliance?

Musk’s team is finally landing some serious blows — namely that part of Brockman’s compensation was a grant from Altman’s family office. Musk’s adviser Jared Birchall wrote, “Greg is going to have a greater allegiance toward Sam as a result of this arrangement.” Brockman told Musk that “We ran out of YC stock fulfilling others’ offers” so Altman arranged the deal.

Molo is saying it’s a “side deal” that Musk wasn’t informed about. Except the email chain plainly says Altman informed Birchall directly, who then emailed Musk. I imagine that will come on direct. Still, the financial conflict of interest is the most undermining information I’ve seen from Musk’s team so far.

Elizabeth Lopatto
Elizabeth Lopatto
“Is Demis Hassabis evil?”

At a dinner about AI that Brockman and Altman attended, Musk was late. The first thing Brockman remembers Musk asking is, “Is Demis Hassabis evil?” Hassabis, of course, ran DeepMind.

Elizabeth Lopatto
Elizabeth Lopatto
Greg Brockman is talking about the earliest days of OpenAI.

It was initially supposed to be part of Y Combinator, as a research arm. Looking at a solicitation email from Brockman to then-CEO of Yahoo Marissa Mayer, Brockman writes that donors include Elon Musk, Jessica Livingston, Reid Hoffman, and Peter Thiel. “I’m personally donating $100,000,” he writes. But he didn’t end up donating that. Brockman is speaking very quickly and very softly, and YGR has just scolded him for it.

Elizabeth Lopatto
Elizabeth Lopatto
Greg Brockman and Sam Altman have just entered the courtroom.

Brockman is taking the stand next.

Elizabeth Lopatto
Elizabeth Lopatto
We’re done with Russell.

I still don’t really understand how this expert helps Musk’s case, if at all.

Elizabeth Lopatto
Elizabeth Lopatto
“The age of abundance for Elon.”

We are now going through previous statements that Russell has made about Musk — for instance, Russell says that the “age of abundance” Musk talks about with AI robots will be great for Musk because of his pay package with Tesla. Also that Russell would not recommend that Musk be an AI adviser for President Trump.

Elizabeth Lopatto
Elizabeth Lopatto
Oh now we have some meat.

The expert has testified in front of the US Senate about the dangers of open-sourcing AI systems. “If we open-source AI systems that are unsafe, we dramatically increase the risks,” Russell says. One of Musk’s contentions is that OpenAI is betraying its mission by not open-sourcing its models. Russell is now saying, in response to cross-examination, that open-sourcing can make it easier to remove safety guardrails that have been put in place. “It requires additional and very stringent safety measures.”

Elizabeth Lopatto
Elizabeth Lopatto
I am befuddled by this expert testimony.

I really have no idea what it adds to Musk’s case. It seems to just be a way of running out the clock — but why bother? Is it just a way of giving OpenAI less time to defend themselves?

Elizabeth Lopatto
Elizabeth Lopatto
We are dealing with the cross now.

It’s very boring. Mainly we are establishing that the expert witness provided no specific opinions on OpenAI’s safety.

Elizabeth Lopatto
Elizabeth Lopatto
Sure is lucky that mentions of Grok’s safety issues got limited.

Because otherwise, this would be the guy to ask about the nonconsensual undressing and MechaHitler. We are getting slowly to the point, I think — which is that Russell suggests safety concerns would slow AI development. “Each company individually feels it needs to be in this race,” he says. “That means they can’t stop and solve the safety problem, which I think some of their employees would like to do, but the overall company police is preventing them.”

Elizabeth Lopatto
Elizabeth Lopatto
We now have a very boring expert witness testifying to AI risks.

His name is Stuart Russell, and he’s getting $4,000/hr for his first 40 hours of working with the team (and $1,500/hr after that). Seems like an expensive way for Musk’s lawyers to run out the clock… Because while we are getting some testimony about AI risks, I don’t really understand how this is relevant to the dispute at hand.

Elizabeth Lopatto
Elizabeth Lopatto
Greg Brockman won’t be asked about Musk’s threat.

We’re going through motions before the jury arrives. The motion I highlighted earlier this morning has been denied; YGR says the time to bring in the threats from Musk was when Musk was on the stand.

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