OpenAI presents donkey statue as evidence in Musk v Altman trial
US District Judge Yvonne Gonzalez Rogers declines to accept the item as official court evidence but notes its relevance to testimony regarding Elon Musk’s language toward staff.
OpenAI has introduced a gold statue of a donkey’s rear end as part of its case in the ongoing legal battle with Elon Musk, seeking to illustrate the billionaire’s conduct during his tenure at the artificial intelligence company. The trophy, inscribed with the message “Never stop being a jackass for safety,” was allegedly presented to OpenAI chief futurist Joshua Achiam by employees in 2018.
The item commemorates an incident where Musk allegedly called Achiam a jackass after the executive warned against prioritising the development of artificial general intelligence at Tesla over safety concerns. Achiam, who joined OpenAI as an intern in 2017 and now leads the company’s research into societal changes driven by AI, was the recipient of the gift following the exchange.
During proceedings, OpenAI lawyer Bradley Wilson argued that the statue corroborates the company’s narrative regarding Musk’s behaviour. However, US District Judge Yvonne Gonzalez Rogers declined to accept the statue as official court evidence, stating she did not want it in the court’s possession. She indicated, however, that she would consider its relevance when referenced during testimony.
The trial centres on Musk’s lawsuit alleging that OpenAI misappropriated his $38 million in donations and diverted from its original charitable mission to pursue an $850 billion commercial enterprise. OpenAI has countered that Musk has historically prioritised controlling a top-tier AGI laboratory over funding a nonprofit organisation.
Earlier in the trial, Musk’s lawyer Steven Molo asked the billionaire if he had ever called an OpenAI employee a jackass. Musk responded that it was possible he had, but claimed he did not intend the language to be offensive. He stated that sometimes it is necessary to use words that get people out of their comfort zone if the company is heading in the wrong direction.
The statue has previously been discussed publicly by OpenAI leadership. In 2023, chief executive Sam Altman told the Wall Street Journal that the company had “got to have a little fun” and described the trophy as part of the culture that gets made within the organisation.
