Adi Robertson
Birchall testifies about Musk’s contributions to OpenAI.
We’re looking at a summary of about 60 donations to OpenAI, which Birchall says were directed by Musk, with Birchall helping execute all of them.
Adi Robertson
Senior Editor, Tech & Policy
Senior Editor, Tech & Policy
Adi Robertson has been covering the intersection of technology, culture, and policy at The Verge since 2011. Her work includes writing about DIY biohacking, virtual and augmented reality, copyright law, online free expression, and the history of computing. You have probably seen her in a VR headset.
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Adi Robertson
The Microsoft investment comes back up.
Musk’s back from break, reiterating that he had reason for waiting as long as he did to file suit against OpenAI — and saying his initial understanding of OpenAI’s agreement with Microsoft was that it didn’t violate the mission of the charity. “I don’t think I had a basis for filing a lawsuit before I did,” Musk says. He also refers to xAI as the smallest of the AI players, coming after Anthropic, OpenAI, Google, and Chinese AI models.
Adi Robertson
Elon Musk’s robot army definitely will not kill you.
Apparently he wasn’t 100 percent confident in yesterday’s clarification, because Molo asks Musk to clarify whether the “AI enabled robot army” mentioned in cross-examination is a military army. “No, we do not make any weapons,” Musk says. The point of his using the term was that “if we made a lot of robots we need to make sure they’re safe and don’t turn into a Terminator situation … you see int he movie, it’s not a good situation.”
Judge Gonzalez Rogers asks Musk to sum up the plot of Terminator in one sentence. “Worst case situation is AI kills us all I suppose,” he says.
With that, the jury leaves for a break.
Adi Robertson
Musk insists he wasn’t kneecapping OpenAI.
Under questioning from Molo, his own lawyer, Musk tries to establish that he wasn’t causing harm to OpenAI. He says that as far as he knows, OpenAI wasn’t unable to cover any critical expenses because he ended his donations. He didn’t ask Andrej Karpathy to leave and join Tesla, only hired him after he said he was leaving OpenAI. Neuralink (while it was authorized to do so apparently) didn’t poach anyone from OpenAI as far as he knows. Did he seriously recruit anyone from OpenAI for Tesla besides Karpathy? “I don’t think so.” He reiterates that Tesla isn’t currently working on AGI, despite a recent tweet indicating it would achieve it.
Musk also repeats that he “did not read the fine print” on the term sheet for OpenAI’s for-profit wing. Molo brings up an email from Altman (forwarded to Musk by Zilis) about the draft that reads: “We did this in a way where all investors are clear they should never expect a profit, see purple box below.” On the stand, Musk says “I assumed he meant what he said.”
Adi Robertson
“At least change the name,” Musk says he told Altman.
In the final section of cross-examination, Musk is asked about speaking with Altman in 2020. Musk apparently told Altman that OpenAI looked “hypocritical” after the deal with Microsoft and suggested he change the name of OpenAI. “He reassured me they were staying on mission,” Musk says on the stand — and therefore, Musk didn’t sue. Following that, cross-examination wraps up.
Adi Robertson
Elon Musk v. Capitalism.
Savitt mentions an X post where Musk says “the future is going to be amazing with AI and robots enabling sustainable abundance for all” and asks if he thinks it’s accurate. “Well, I’ve also said there are many possible futures. Some futures are good, and some are not good,” Musk says. “I think it’s generally better to err on the side of optimism than pessimism.” Musk agrees that “aspirationally,” he promotes xAI with the message that the future is going to be amazing.
Savitt then goes through a list of Musk’s companies — asking, one after another, if they’re for-profit. At a little prodding from Judge Gonzalez Rogers, Musk admits they all are. So, Savitt asks, they’re socially beneficial and for-profit? Musk agrees. Savitt then points out that Musk hasn’t started any nonprofits himself since OpenAI, despite having the money to do so. “Well, I thought I had started a nonprofit with OpenAI, but they stole the charity,” Musk says.
Adi Robertson
An “ongoing conversation” around open source.
Savitt is bringing up some previously released email exchanges where Musk appeared okay with discussing what OpenAI would and wouldn’t make open source — including one where he replied “yup” to a comment that it would make sense to start being less open as AI advanced. He asks if Musk has made xAI’s own advanced versions of Grok open source — “No, but it will,” Musk says.
Savitt then mentions a letter Musk signed in 2023 asking to pause development of giant AI models out of safety concerns. Musk signed the letter shortly before he incorporated his own xAI, and Savitt asks why he didn’t disclose that fact; Musk says it was “just an open, non-binding letter” signed by hundreds of other people.
Adi Robertson
We’re still talking about whether Musk read the term sheet.
Musk has explained that he didn’t object to the proposed introduction of a capped profit structure initially at OpenAI (and also didn’t review it very closely), and Savitt is asking if he knew what the cap was for Microsoft’s investments in the company — Musk doesn’t seem clear on it. Savitt asks whether Musk had a lawyer set terms and conditions for his donations. Musk answers: “No, but it was obviously started as a nonprofit, and in the founding charter it says it will not be to the financial benefit of any person?” The apparent intended gist is that Musk didn’t set clear terms he can point to OpenAI or Altman violating.
Adi Robertson
Mechahitler might be a bad look for the AI safety defender.
Savitt hasn’t significantly raised the issue yet, but he’s started hinting at the idea that Musk’s safety-last approach at xAI might undercut his credibility. He asks Musk if it’s important to instill good values in AI systems, and after Musk agrees, asks if racist or sexist training materials could have a negative impact. Musk says systems wouldn’t necessarily absorb those values, and Savitt follows up to mention AI discrimination — and more specifically, an anti-algorithmic discrimination law in Colorado that Musk and xAI have been fighting against.
Savitt also asks whether, if Musk is concerned that a profit motive undermines AI safety, that applies to his own xAI. Musk says sure, it’s an issue across the board.
Adi Robertson
Musk’s broader AI safety commitment (or lack thereof) comes up.
Savitt briefly explores a line of questioning about Grok, but it ends quickly. (It could be brought up for discussion later.) He moves on to asking about Musk’s purported commitment to care deeply about AI safety. Has Musk ever posted on Twitter/X about AI regulation? Musk doesn’t know off the top of his head. Savitt also sounds dubious of the idea that Musk spoke with Obama about AI safety, asking if there are any press reports or statements from the White House. Then, Savitt asks if Musk has spoken with the current president about the issue, especially since the former White House AI czar, David Sacks, is one of Musk’s fellow Paypal Mafia members.
