April 29, 2026
BILLIONAIRE BLOOD FEUD: MUSK TAKES THE STAND IN $150 BILLION OPENAI TRIAL
Two of the richest men on Earth, one charity, and a federal jury that has to figure out who’s lying. Garret Fisher delivers a special full-episode breakdown of the most consequential courtroom showdown in tech history. Elon Musk is suing OpenAI for...
Two of the richest men on Earth, one charity, and a federal jury that has to figure out who’s lying.
Garret Fisher delivers a special full-episode breakdown of the most consequential courtroom showdown in tech history. Elon Musk is suing OpenAI for one hundred and fifty billion dollars, accusing Sam Altman of stealing the charity Musk helped found in 2015. OpenAI says it’s sour grapes from a billionaire who quit, lost, and started a competitor. Day One brought opening statements, a near-gag-order, and Musk on the witness stand declaring that the entire foundation of charitable giving in America is at stake. We trace the origin, break down yesterday’s testimony, and revisit the 2023 boardroom coup that almost ended Sam Altman.
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Join the Daily Crime & Justice community on social media! We're building a passionate group of true crime enthusiasts who love diving deep into the most shocking cases in America.
Follow us on Facebook and Instagram by searching "Daily Crime & Justice" on either platform.
You'll get exclusive behind-the-scenes content, breaking news updates on cases we're covering, and early alerts when new episodes drop. Our social media is where Garret Fisher's hottest takes live, including reactions that don't make it into the show.
But more importantly, it's where YOU come in. Share your theories, debate the verdicts, and connect with fellow listeners who are just as obsessed with justice as you are. Did the jury get it right? What questions do you still have? Your comments and insights often shape future episodes.
We cover the trials that matter, but our community makes the conversation unforgettable. Come for Garret's signature cynical commentary, stay for the incredible discussions with thousands of true crime fans who get it.
Garret Fisher delivers a special full-episode breakdown of the most consequential courtroom showdown in tech history. Elon Musk is suing OpenAI for one hundred and fifty billion dollars, accusing Sam Altman of stealing the charity Musk helped found in 2015. OpenAI says it’s sour grapes from a billionaire who quit, lost, and started a competitor. Day One brought opening statements, a near-gag-order, and Musk on the witness stand declaring that the entire foundation of charitable giving in America is at stake. We trace the origin, break down yesterday’s testimony, and revisit the 2023 boardroom coup that almost ended Sam Altman.
Join our new FB groups page here. Take the poll!
Join the Daily Crime & Justice community on social media! We're building a passionate group of true crime enthusiasts who love diving deep into the most shocking cases in America.
Follow us on Facebook and Instagram by searching "Daily Crime & Justice" on either platform.
You'll get exclusive behind-the-scenes content, breaking news updates on cases we're covering, and early alerts when new episodes drop. Our social media is where Garret Fisher's hottest takes live, including reactions that don't make it into the show.
But more importantly, it's where YOU come in. Share your theories, debate the verdicts, and connect with fellow listeners who are just as obsessed with justice as you are. Did the jury get it right? What questions do you still have? Your comments and insights often shape future episodes.
We cover the trials that matter, but our community makes the conversation unforgettable. Come for Garret's signature cynical commentary, stay for the incredible discussions with thousands of true crime fans who get it.
WEBVTT
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Callarogus Shark Media. Good morning, I'm Garrett Fisher.
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This is Daily Crime and Justice for Wednesday, April twenty ninth,
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twenty twenty six. The crew is here, the coffee is hot,
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and we're doing something a little different today. One story,
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one trial, one hundred and fifty billion dollars on the line.
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Let's get into it. There's a federal courthouse in Oakland, California,
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and yesterday morning it became the most expensive piece of
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real estate in American jurisprudence because what is happening inside
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that building is the richest man in the world suing
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the most influential artificial intelligence company in the world over
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the future of Depending on who you ask, the human
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race itself, or one billionaire's bruised ego. Elon Musk is
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suing open Ai, the company that makes chat GPT, the
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company he helped found in twenty fifteen as a non profit,
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walked away from in twenty eighteen after losing a power struggle,
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and has now spent the better part of two years
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dragging into court. He is asking for one hundred and
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fifty billion dollars in damages from open Ai and Microsoft.
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He wants Sam Altman removed from the board of the
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company Sam Altman runs. He wants the entire restructuring of
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open ai from nonprofit charity to for profit corporation, unwound, reversed,
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rolled back to the way it used to be when
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Elon was in charge. His argument open Ai was a charity.
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Sam Altman stole the charity. Quote scam Altman and Greg
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Stockman stole a charity. That is what Musk has been
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posting to his two hundred and forty million followers on
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x for months. That is what his lawyer told the
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jury yesterday in his opening statement. And the consequences, according
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to Musk himself, are not just about him, not just
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about Altman, not just about a Silicon Valley feud.
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Quote.
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The entire foundation of charitable giving in America will be destroyed.
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Open AI's response sour grapes. We are here, open AI's
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lawyer told the jury because mister Musk did not get
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his way at open Ai.
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He quit.
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He said we would fail. We did not fail. He
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started a competitor. He is mad about it.
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That is what this is.
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Look, I'm going to be honest with you. There is
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no good guy in this story. There is a man
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whose private foundation fails to meet the legal minimum required
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to keep its tax exempt status, lecturing a federal jury
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about the sanctity of American charity. And there is a
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man whose own board fired him in twenty twenty three
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for and I'm reading this from the official release not
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being consistently candid in his communications, which is a beautifully
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lawyered way of saying they thought he was lying to them.
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This is Daily Crime and Justice Today. One story, three segments,
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the origin how a research nonprofit became a seven hundred
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and thirty billion dollar corporation, The trial, what happened on
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day one, what Musk set on the stand, and what
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open AI's lawyer.
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Hit him with on the way in.
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And the bigger picture, the twenty twenty three boardroom coup
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that almost took Sam Altman down, the witnesses still to come,
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and what a verdict either way could do to an
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industry that already feels like it is running ten steps
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ahead of anyone trying to regulate it. I'm Garrett Fisher,
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Let's get into it. December twenty fifteen, a small group
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of artificial intelligence researchers and tech executives gather around a
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vision build an AI lab, open source nonprofit mission statement,
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develop artificial intelligence for the benefit of humanity, not for shareholders,
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not for billionaires, for everybody. The founders include ud Elon Musk.
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They include Sam Altman, who at the time is running
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y Combinator, the famous Silicon Valley startup accelerator. They include
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a researcher named Greg Brockman, who would become open AI's president,
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and Ilia Suitskeever, a brilliant computer scientist who would become
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its chief scientist. There are others. The whole thing gets
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seed money about a billion dollars in pledge funding from Musk,
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from Reid Hoffman, from Peter Thiel, from a few others.
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The headquarters is at first Greg Brockman's apartment. The pitch
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is altruistic. It is also if you understand the moment strategic.
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Google had just acquired DeepMind, the most advanced AI lab
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on the planet, in twenty fourteen. The fear in Silicon
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Valley among people who actually thought about this stuff was
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that one company, Google was going to control the most
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powerful technology in human history. The open ai founders, including
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mu Dusk, said no, we need a counterweight, a charity,
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something that will release its research openly, will not be
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locked behind a corporate paywall, will not be optimized for
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shareholder value. AI for everyone, and they meant it for
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a while. Musk would later tell anyone who would listen
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that he donated about forty four million dollars to Open
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AI in those first few years, maybe more. The number
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Musks team gave the court yesterday was thirty eight million
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in seed money. Either way, tens of millions of dollars
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from one man into a charity. That part is documented.
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That part is not in dispute. What is in dispute
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is what happened next. By twenty seventeen, Open AI is
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burning through cash. Training advanced AI models is one of
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the most expensive things you can do with a computer.
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We are talking hundreds of millions of dollars in compute
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costs to train a single model. Nonprofits do not have
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that kind of money, and the existing donors, including Musk,
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are starting to wonder if maybe a different structure is needed.
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In the summer of twenty seventeen, two of Musk's closest associates,
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Shiven Zillis and Sam Teller, who served as dual chiefs
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of staff for Musk at the time were emailing each
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other about restructuring open Ai, about either turning the original
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nonprofit into a traditional company or attaching the charity to
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a for profit operation. About giving Elon Musk fifty five
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percent of the equity. Sam Altman would get seven and
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a half percent. The math there should tell you everything
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you need to know about who was supposed to be
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in charge. And here is where the two stories diverge.
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Musk's version, as his lawyer, Stephen Molo told the jury yesterday, Yes,
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Elon was open to a for profit structure, but the
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concept was that he Elon would have control and the
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importance of the for profit subsidiary would diminish over time.
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The nonprofit would always run things, the mission would always
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come first. It was a vehicle to raise money in
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the short term, nothing more. Open AI's version, as their
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lawyer William Savatt told a jury, Musk wanted control, he
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did not get it, so he left, and once he
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was gone, Open Ai did exactly what Musk himself had
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been pushing for. It created a for profit arm to
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raise the money the company needed. The only difference was
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Musk was not running it. In twenty eighteen, Musk leaves
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the open Ai board. The relationship between him and Sam
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Altman is, to put it gently broken. Around that time,
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Musk wrote an email submitted his evidence in this trial
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that says, in part, open Ai is on a path
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of certain failure relative to Google and Tesla. Quote is
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the only path that could even hope to hold a
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candle to Google. Read that again, the only path that
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could hope to hold a candle. Tesla, not open Ai,
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not the charity, Tesla, the for profit electric car company
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that Elon Musk owned. That email, by the way, was
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sent before chat gpt existed, before open Ai was a
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household name, before Musk founded xai. So when open AI's
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lawyer told the jury yesterday that Musk did not suddenly
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care about the charity until the company started making money,
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that is the email he was talking about. In twenty nineteen,
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open Ai creates a for profit subsidiary. It signs a
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one billion dollar partnership with Microsoft. Musk does not sue,
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He does not object publicly. He continues to make occasional donations.
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In November of twenty twenty two, open Ai releases chat gpt.
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The world changes overnight.
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Within two months, chat gpt has one hundred million users
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within a year. The AI race is the only race
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in tech. In March of twenty twenty three, Elon Musk
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founds his own for profit AI company.
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He calls it XAI.
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In February of twenty twenty four, Elon Musk's Who's open AI?
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The timeline tells you something. What it tells you depends
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on which side of the courtroom you are sitting on.
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Coming up day one in court, Musk on the stand,
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the opening statements, and the lawyer Sam Altman's team brought
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in to handle Elon Musk has done this exact dance
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with him before.
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We'll be right back. The Ronald V.
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Delhams Federal Courthouse is in downtown Oakland, California, twelve miles
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from Open AI's headquarters in San Francisco, but a.
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World away culturally.
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Ronald Delhams was a Democratic socialist, a longtime congressman, a
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Vietnam era anti war activist who ended up on Richard
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Nixon's enemies list. The courthouse is name for him. He
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died in twenty eighteen. He would have hated this trial.
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Yesterday morning, Sam Altman walked into the building through the
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basement for security. Re so did Elon Musk. The front
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doors were thick with photographers, lawyers, jurors, and reporters. Inside
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the courtroom is small. Six benches on the left, three
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on the right. Judge Yvonne Gonzalez Rogers, the same judge
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who handled the high profile lawsuit against Apple over the
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app store sits, elevated above everyone. Before the jury was
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even brought in. Judge Gonzales Rogers called Elon Musk to
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the bench. She had questions about his social media, specifically
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about the two dozen plus posts he made on Monday
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on x the platform he owns attacking open ai, attacking
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Sam Altman, calling him scam Altman and Greg Brockman, Greg
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Stockman accusing them of stealing a charity. Quote from the judge,
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how can we get things done without you making things.
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Worse outside the courtroom?
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That is a federal judge asking Elon Musk to please
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please stop making her trial harder. Musk said he was
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just responding to things open ai I had said online.
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The judge asked him and Sam Altman and Greg Brockman
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to start with a clean slate, keep things to a minimum.
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They all agreed, we will see how long that lasts.
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Then opening statements began. Musk's lead counsel, Stephen Molo, stood
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up and walked the jury through the moral framing. AI
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should be built for the benefit of humanity, not for
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the benefit of Sam Altman and Greg Brockman. He explained
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basic terminology, what artificial general intelligence is, what a charity
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is supposed to do. He told the jury that years
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ago Elon Musk had personally warned Barack Obama about the
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dangers of AI. The government failed to act, so Musk
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and others built open AI to do what the government
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would not and the line Molo wanted the jury to
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leave the courtroom carrying quote, no one should be allowed
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to steal a charity. To steal a charity is absolutely wrong.
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Three questions. He told the jury to keep three questions
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in mind throughout the entire trial. Number one, did open
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AI have a charitable mission to operate as a nonprofit
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to develop safe AI open source for the good of humanity?
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Number two?
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Did Altman and Brockman violate that mission through what they
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have done with the for profit business?
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Number three?
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Did Microsoft know about the charitable mission and substantially assist
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Altman and Brockman in breaching it?
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Three?
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Questions yes, yes, and yes, and Musk wins no on
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any one of them, and the case falls apart. Then
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open AI's lawyer stood up. William savat is a partner
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at the law firm Walktel, Lipton, Rosen and Katz. He
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represented Twitter now X when Elon Musk tried to back
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out of buying it for forty four billion dollars. Yes,
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you heard that right. The lawyer defending open Ai yesterday
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is the same lawyer who beat Elon Musk in court
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three years ago. Whoever picks Savag for this case has
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a sense of humor, and Sabat knew his audience. He
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told the jury very directly that Musk did not understand
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artificial intelligence very well. In twenty seventeen and twenty eighteen,
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he showed them the emails between Musk's chiefs of staff
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about Musk getting fifty five percent of a for profit
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open Ai. He explained painstakingly how the open AI nonprofit
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still controls the for profit company. He told the jury
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about the work the nonprofit is doing, funding research, redistributing billions,
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working on disease cures and economic equity programs. Then he
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landed the punch quote, we are here because mister Musk
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did not get his way at Open Ai.
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That is what happened.
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He quit saying they would fail for sure, but my
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clients had the nerve to go on and succeed without him.
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Mister Musk did not like that. Sour grapes. That was
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the through line.
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Sour grapes from a man who started his own for
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profit AI company and is now suing the people who
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beat up to the finish line. Microsoft's lawyer Russell Cohen
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made the same case. Microsoft had no idea Sam Altman
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was being fired in November of twenty twenty three. They
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were blindsided, They were facing a crisis. They are not
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pulling strings, They are just a partner. And Musk never
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raised any of these objections about Microsoft's involvement until chat
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GPT made everyone rich. Then, after a twenty minute recess,
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Elon Musk took the stand. His own lawyer led the
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direct examination, walked him through his entire career PayPal, SpaceX, Tesla,
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the lumberjack work he did as a younger man, the
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interest in physics in programming. Musk played up the dreamer
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persona for the jury quote, life just cannot be about
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