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Elizabeth Lopatto

Elizabeth Lopatto

Senior Reporter

Senior Reporter

    More From Elizabeth Lopatto

    Elizabeth Lopatto
    Elizabeth Lopatto
    We’re on redirect with Savitt and we’re looking at the “bait and switch” texts.

    Altman said — and evidence in the direct showed — that Altman had made sure Musk knew about Microsoft. “I would often have to remind Musk of things, but this one I assumed we had talked about enough times that he would remember,” Altman says. Of Musk’s attitude toward OpenAI, he says, “we were kind of left for dead.”

    Elizabeth Lopatto
    Elizabeth Lopatto
    Microsoft establishes that OpenAI has other investors...

    And that Musk hasn’t sued any of them. Softbank’s investment is bigger — so is Nvidia’s and so is Amazon’s. That’s all from Microsoft.

    Elizabeth Lopatto
    Elizabeth Lopatto
    We see the Musk “bait and switch” texts again.

    In response, Altman texted, “I agree this feels bad — we offered you equity when we established the cap profit, which you didn’t want at the time but we are still very happy to do any time you like.” Molo tries to ask if this is a bribe — if Altman is trying to say that if Musk lets him get away with stealing from a charity, he’ll split the loot. Savitt objects, YGR sustains.

    Elizabeth Lopatto
    Elizabeth Lopatto
    What if we had a drinking game for this trial?

    Granted we’d all be dead as a result because who can keep up with this but... Drink every time:

    • Someone says “Dota” or “Dota 2”
    • “I don’t recall”
    • “I disagree with that characterization”
    • “Stole a charity”
    • “Was Microsoft there?”
    • YGR snaps at someone
    • YGR says something nice to the jury
    Elizabeth Lopatto
    Elizabeth Lopatto
    Musk says, “This is a bait and switch” in a October 2022 text chain.

    Molo says, isn’t he saying you stole a charity? Altman looks confused. “No?”

    Elizabeth Lopatto
    Elizabeth Lopatto
    Molo is not doing especially impressive lawyering here.

    It’s funny that he’s on the team alleging money overrode ethics, because, well, I guess it takes one to know one? Throughout the case, we’ve seen a number of own goals from the Musk team. This morning, when the Musk team was requesting to ask questions about safety concerns with AI, YGR snapped, “What else do you think you want to do? Because you do not want to be held in contempt I guarantee you.” She’s tough with lawyers as a general rule, but woof.

    Elizabeth Lopatto
    Elizabeth Lopatto
    “The blip” again.

    Y’all I am so sick of this. We are literally litigating a week in 2023.

    Elizabeth Lopatto
    Elizabeth Lopatto
    Well, I do love a long inquiry into the linear nature of time.

    Molo is asking about a series of terms on the Microsoft deal that were developed post 2020. None of them are on the 2018 term sheet because they hadn’t been negotiated yet. Fascinating stuff from Molo — is this really the best use of his time?

    Elizabeth Lopatto
    Elizabeth Lopatto
    The difference between Musk and Altman on cross is really stark.

    While Musk was ready to get into a fight over anything and everything, Altman has rather mildly answered every insulting question Molo has asked him. Molo has just accused Altman of lying on his direct examination about Musk trying to tuck OpenAI into Tesla. In his deposition, Altman says he’s not sure one way or the other about that and then asks to scroll to the top of the deposition for context. Molo says no. A juror smiles. I expect I know what we’re going to see on the redirect.

    Elizabeth Lopatto
    Elizabeth Lopatto
    Ronan Farrow’s article is brought up.

    OpenAI’s lawyers have objected to the question, which is about the New Yorker article which “basically calls you dishonest,” Molo says. YGR would like us to move on from all the people who have called Altman a liar. It’s been more than 10 minutes of this. I think everyone got the point.