Musk v. Altman trial week 2: OpenAI counters claims of deception, Zilis reveals poaching attempt
Testimony from Greg Brockman and Shivon Zilis challenges Elon Musk's account of the donation and reveals a plan to recruit Sam Altman for a new Tesla AI lab.

The second week of the landmark trial between Elon Musk and OpenAI has shifted focus to the origins of the lawsuit, with testimony centring on conflicting narratives regarding the company's corporate structure. OpenAI president Greg Brockman took the stand to counter claims made by Musk, asserting that the billionaire actively pushed for the creation of a for-profit arm and sought absolute control over it. This testimony directly contradicts Musk's earlier assertion that he was deceived into donating $38 million under false promises of a nonprofit mission.
Brockman recounted a pivotal meeting in the summer of 2017, following OpenAI's victory in the video game Dota 2. He described the event as a "triggering moment" where Musk emailed that it was time to create a for-profit entity. According to Brockman, Musk subsequently demanded majority equity and the right to choose the majority of board members, including a desire to serve as CEO. When founders proposed equal shares of equity, Musk reportedly declined and stormed out, stating that the group could not accept handing him unilateral control over artificial general intelligence.
Former board member Shivon Zilis provided further evidence of Musk's strategic intentions during this period. She revealed that by late 2017, Musk had concluded OpenAI was unlikely to build artificial general intelligence and had pivoted to building an AI lab at Tesla. Zilis disclosed that Musk attempted to recruit OpenAI CEO Sam Altman to lead this new laboratory. She cited a text message in which Musk asked Andrej Karpathy to send a list of top OpenAI personnel to poach for Tesla.
The courtroom also heard from Zilis regarding her own relationship with Musk. She testified to a past romantic encounter and admitted that she failed to disclose her ties to him to OpenAI until 2022. Prosecution lawyer Steven Molo presented electronic journals from 2017 to question Brockman's motivations, highlighting entries where the president expressed moral conflict about converting OpenAI to a benefit corporation without Musk. Molo argued that these writings suggested a desire to become a billionaire rather than a commitment to the nonprofit mission.
Testimony from former OpenAI CTO Mira Murati and board member Helen Toner addressed the 2023 firing of Sam Altman. They cited a lack of trust due to alleged dishonesty, supported by text messages showing Altman's attempts to regain control. Meanwhile, the trial continues with closing arguments scheduled for next week, followed by jury deliberations. The outcome of the proceedings could significantly impact OpenAI's path to a $1 trillion valuation IPO.


