May 4 - A newly filed court document says Elon Musk contacted OpenAI President Greg Brockman two days before their trial in Oakland federal court was scheduled to begin, asking whether Brockman would consider settling the dispute out of court.
The filing, made on Sunday, recounts an exchange in which Brockman reportedly suggested that both sides drop their claims. According to the document, Musk then said, "By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be." The passage is presented as part of the broader record of pretrial communications in the case.
The alleged interaction is the most recent development in litigation that has grown contentious inside the courtroom. The SpaceX founder previously testified that he did not read the fine print of a 2017 term sheet related to OpenAI's transition from a nonprofit to a for-profit entity, and that he reviewed only the headline of the document.
Musk's lawsuit asserts that OpenAI's conversion to a for-profit structure betrayed the organization's original nonprofit mission to develop safe artificial intelligence for the public good. The complaint also alleges that OpenAI's leaders wrongfully profited from contributions Musk made as charitable donations.
In his filings, Musk is seeking changes to OpenAI's leadership and has demanded $150 billion in damages, naming both OpenAI and Microsoft, one of OpenAI's largest investors, as defendants. The case is being heard before U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California.
The trial opened on April 28 and is expected to run for several weeks, the filing notes, with a verdict potentially arriving by mid-May. Company leaders Sam Altman and Greg Brockman, as well as Microsoft chief Satya Nadella, are scheduled to testify later in the month, according to the court schedule.
The filing's account of the pretrial exchange underscores the personal and reputational stakes described in the complaint, while also highlighting the procedural steps the parties took immediately prior to the trial start date. Musk, his attorney, and OpenAI did not immediately respond to requests for comment referenced in the record.
The court filing and testimony excerpts already on the record have driven attention to both the legal claims and the potential consequences for leadership and investor relationships at OpenAI. With testimony from company officials and a major investor still to come, the proceedings are likely to remain closely watched as the trial progresses.