Elon Musk pressured OpenAI leaders to cut a deal on the eve of their high-profile court battle – warning cofounder Greg Brockman that he and Sam Altman were about to become the “the most hated men in America,” according to a new court filing.
Musk, who alleges that OpenAI violated its non-profit mission in a multibillion-dollar lawsuit, texted Brockman two days before the trial began to “gauge interest in settlement,” OpenAI’s attorneys stated in the filing.
“When Mr. Brockman responded with a suggestion that both sides drop their respective claims, Mr. Musk shot back: ‘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 filing says.
In the filing, OpenAI’s legal team argues that Musk’s texts to Brockman lend to support to one of their core arguments – that Musk, as the founder of xAI, is trying to jam up a rival company rather than pursue a legitimate grievance.
OpenAI said the texts and “similar menacing statements Mr. Musk has made in litigation” should be admissible in court and signaled they could ask Brockman about it when he is called to testify.
“It tends to prove motive and bias, and, in particular, that Mr. Musk’s motivation in pursuing this lawsuit is to attack a competitor and its principals,” the filing said.
Representatives for Musk and OpenAI did not immediately return requests for comment.
Musk was the first witness called after the bombshell trial began last Tuesday and testified for three days in California federal court. The Tesla and SpaceX boss told jurors that he was a “fool” to trust Altman with the future of OpenAI and repeatedly said variations of the phrase. “you just can’t steal from a charity.”
By last Thursday, Musk’s fixation with the phrase had drawn a stern rebuke from US District Judge Yvonne Gonzalez Rogers, who struck it from the record while telling the billionaire he is “not a lawyer” and should instead “respond to the specific questions.”
Musk cofounded OpenAI alongside Brockman and Altman in 2015. By 2018, he had quit its board of directors due to disagreements over the company’s direction. Musk alleges that the $38 million he donated to OpenAI during his involvement was misused.
OpenAI has described Musk’s allegations as “baseless.”
