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Elizabeth Lopatto

Elizabeth Lopatto

Senior Reporter

Senior Reporter

    More From Elizabeth Lopatto

    Elizabeth Lopatto
    Elizabeth Lopatto
    Nadella tells us that before the OpenAI partnership, Google was its biggest AI competitor.

    The partnership itself was “a fairly big decision for us” because “to make the call we’d use some of the scare resources we had” on it. But Microsoft accepted the risk of investing in Open AI because Microsoft has a “core ethos as a platform and partner company,” he says. “So if you find partners you can create these win/win with, it’s great to make them longterm stable.”

    Elizabeth Lopatto
    Elizabeth Lopatto
    Satya Nadella is taking the stand, in a navy suit and a light blue tie with a white shirt.

    He looks very nice. I am fully expecting his testimony to be the equivalent of a pair of pleated khaki pants.

    Elizabeth Lopatto
    Elizabeth Lopatto
    Jury is here. We are now finishing a video deposition from Friday about the OAI deal with MSFT.

    Michael Wetter, the VP of corporate development at Microsoft, “We’ve recognized $9.5B of total revenue life to date” as of 9/8/2025. He notes there’s context: a $13B investment with OpenAI and Azure compute.

    Elizabeth Lopatto
    Elizabeth Lopatto
    👑

    “I can’t get my head around why [Musk lawyer] Mr. Molo told me this was not a focus of the trial,” YGR says. “That’s what my ruling is based on.”

    Elizabeth Lopatto
    Elizabeth Lopatto
    We are having an arugment about evidence.

    Last week, an expert witness testified about the 2025 recapitalization of OpenAI. OpenAI has said they’d like to include the AG’s conclusions, since the removal of the profit cap was mentioned. YGR is annoyed; she told Musk’s team not to go into detail, and OpenAI didn’t object at the time. “We’re in mud,” she just said. The problem is that Musk’s team is treating it as the crux of the “breach” Musk is alleging.

    Elizabeth Lopatto
    Elizabeth Lopatto
    Oh this tack is more effective. Then OpenAI lawyer is going after Columbia...

    Which gets something like $2 billion from hospital operations, more than $1 billion in tuition, and an endowment of $16 billion, plus $2.2 billion in philanthropy. Does this mean that Columbia is deviating from its mission to educate kids and support research?

    Elizabeth Lopatto
    Elizabeth Lopatto
    This cross of Schizer is pretty weak.

    Like, yes, sure, he doesn’t understand AI, but we have lots of nonprofits, which are governed by the same set of laws. Sure, yes, he’s getting $1,500 per hour from Musk and that is probably a pretty penny — likely more than my annual salary — but also... who cares. I was not overwhelmed by Schizer’s testimony but this cross isn’t doing anything to knock it down for me.

    Elizabeth Lopatto
    Elizabeth Lopatto
    Basically everything Schizer is saying is couched as a hypothetical...

    because the jury is engaged in a fact-finding mission. Anyway, of a hypothetical, he says: “You don’t want to be known as a liar.” Evidently Schizer is unfamiliar with the current president of the United States.

    Elizabeth Lopatto
    Elizabeth Lopatto
    We are now hearing from David Schizer, one of Musk’s expert witnesses.

    He’s a professor of law and economics at Columbia Law School. He specializes in nonprofits, nonprofit taxation, and management. We are going through an exhaustive list of his qualifications.

    Elizabeth Lopatto
    Elizabeth Lopatto
    You may wonder: are we still listening to the video deposition of Tasha McCauley?

    Yes. The main thing I am taking away from McCauley’s and Toner’s testimony is that the board got really bad advice from whatever lawyers they consulted on the firing Altman thing. I mean, I hope they consulted lawyers. I don’t think that’s come up in the testimony.