Judge to decide if Elon Musk's 'World War III' threat becomes admissible evidence in OpenAI trial

Elon Musk's ongoing legal battle with OpenAI has taken a new turn as the court prepares to determine whether a private message sent two days before the trial commenced will be admitted as evidence. OpenAI alleges that Musk attempted to coerce a settlement by messaging the company's president, Greg Brockman, shortly before proceedings began. In the communication, Musk threatened that Brockman and Sam Altman would become "the most hated men in America" and that "World War III" would ensue if their claims were not dropped.

While communications during settlement negotiations are typically inadmissible, OpenAI has filed a motion requesting an exception to this rule. The company argues that the specific message was coercive rather than conciliatory, distinguishing it from standard settlement offers. By submitting the text, OpenAI seeks to demonstrate Musk's motive and bias, suggesting the litigation is driven by a desire to attack a competitor and its principals rather than genuine legal grounds.

The threat mirrors a similar incident from 2022 during Musk's failed attempt to back out of his Twitter acquisition. In that case, Musk issued a comparable warning to Twitter leaders regarding "World War III" while attempting to renegotiate the deal. A judge in that matter deemed the communication admissible because it was intended for disclosure to opposing counsel, setting a precedent that OpenAI hopes to leverage in this current trial.

William Savitt, the lawyer currently questioning Musk on the stand, was part of Musk's legal team during the 2022 Twitter case. His familiarity with the previous "World War III" threat suggests he may recall the context of the recent message to Brockman. This connection adds weight to OpenAI's argument that the communication should not be viewed as privileged or a sincere effort to settle the dispute.

Judge Yvonne Gonzalez Rogers is expected to rule on the admissibility of the message today, ahead of testimony from OpenAI President Greg Brockman. If admitted, the message could serve as significant evidence of Musk's conduct, potentially undermining his position as he faces scrutiny regarding his knowledge of AI safety and the existential risks of the technology.

Musk's legal team is likely hoping the judge rejects OpenAI's arguments to protect the precedent that settlement communications remain privileged. However, allowing the message into evidence could clarify the nature of the dispute, revealing whether the lawsuit is a strategic move to eject Altman due to personal grievances rather than a standard commercial disagreement.