Elon Musk

I am expecting a relatively sedate day today. We’re going to see more of former OpenAI board member Helen Toner’s deposition. Right now lawyers are discussing when the case will end; we expect closing arguments a week from today.

Following its acquisition by Elon’s other company, xAI is now being referred to as SpaceXAI. Presumably this is only the start of the brand synergy to come.

It was primarily because Altman was not entirely candid with the board about his interests in an OpenAI startup fund. There was also some drama about Toner’s paper, which Altman told Sutskever that another board member suggested Toner resign from the board. That board member said she’d never said it. Further, Mira Murati and Sutskever also mentioned problems. And, of course, the lack of disclosure of ChatGPT...

She says the starting point was Sutskever reaching out to have a conversation where he expressed serious concerns about Altman. It was a “pattern of behavior” that included issues with “honesty and candor” that led to the firing, not any one action. Toner has already laid out some of this in a 2024 podcast, and it’s similar to Murati’s testimony.

She wasn’t surprised she hadn’t been told, though, because “I was used to the board not being very informed about things.” She says that “caused me to believe that [Altman] was not motivated to help the board perform the oversight role.”

That means there’s no clear-cut way to test for safety. People are just throwing things together to see what happens. She refers to OpenAI’s safety board’s methods as becoming “somewhat less slapdash” over time.

In Wednesday’s annoucement of its compute partnership with Anthropic, the company formerly known as xAI referred to itself as “SpaceXAI.” It was the first time I had seen that name, and while I don’t think it’s a good one, it made some sense following SpaceX’s acquisition of xAI.

This should be about an hour. YGR has told the jury that if she sees them falling asleep, she’s going stop the video and have them stand and stretch.

Every time a MSFT lawyer gets up to question a witness in Musk v. Altman, it’s “And Microsoft wasn’t there?” with an occasional addition of “And Satya Nadella wasn’t there either?” This gets funnier every time it happens.

She is asked about texting Musk about the Microsoft deal with OpenAI — that the structure was not maximum profit and Microsoft was not in control. She looks at the evidence, and says she sees it there but... “it’s not in my neurons, it’s not in my brain, but I see it.” Okay.

Zilis said she now recalled certain messages that she had said she didn’t recall in her deposition, saying that at this point she’d reviewed documents numerous times. Eddy said, “Your long-lost memories have since been recovered.”

Three were Tesla AI. One was OpenAI as a B-corp subsidiary of Tesla. One was Altman as anchor for TeslaAI. But my favorite? “Find a way to get Demis. Seriously…. Demis really does fanboy hard and I don’t think he’s immoral… just amoral. If he hung around E perhaps it would force him to think about humanity more.” Hassabis is really haunting these guys.

as part of his push to increase Tesla’s AI presence. “Those who want to work on large scale AI research don’t currently think of Tesla, and Elon wants to change that by announcing his intention to create a world-class AI lab,” Zilis wrote in 2017.

We are seeing more details about Zilis advocating for Musk’s plan to wrap OpenAI into Tesla. “Tesla solves the funding issue immediately… Tesla at least has option to bury,” reads one email from Zilis. “They haven’t internalized the advantages to burying this in Tesla for stealth advantage,” reads another.

They didn’t want Musk — or anyone — to have control over OpenAI. “You and I can argue that’s stupid all we want but they are holding firm on it,” Zilis says in an email to Jared Birchall in September 2017.

That’s what I’ve learned from his emails. Me too, Sam!

A separate ideation email to Altman lays out certain options for changes to OpenAI’s structure, including one option of rolling all of OpenAI into a B-corp, or a for-profit company with a public mission, and another option of having both an OpenAI C-corp and a nonprofit.

Zilis’ answers on the stand are often slightly different from the ones she gave in her deposition. We’ve now had two videos played in the courtroom. She’s also being represented by Musk’s lawyers.

The message, according to exhibits read aloud in court proceedings, said, “I just wanted to say I hope you are [OK]. I have no idea what’s going on but … I care about you as a person first and foremost. Sending all of my positive vibes your way.”

Altman and Brockman were both investors in the nuclear energy company, and since the company didn’t have an official product yet, she said that OpenAI potentially entering into a deal with Helion “felt super out of left field … How is it the case that we want to place [a] major bet on a speculative technology?”

under better light, Zilis’ top is green and not gray.

First, she says that the broad release of ChatGPT wasn’t discussed with the non-profit OpenAI board. This was discussed in a board meeting. Second, the deal with Helion raised eyebrows because Altman and Brockman both had investments and the tech was still speculative. She also felt that “it was probably the only time where I remember feeling in the pit of my stomach -- just being like, I voiced my concerns.”

She said she and the “entire board had voiced extreme concern about that whole massive thing happening without any semblance of board communication.” That was the first concern she raised internally about Altman, she said.

Shivon Zilis recalled Microsoft CEO Satya Nadella saying of OpenAI at the time that Microsoft was “below them, above them, around them.” Zilis said this denoted complete control, calling it “terrifying because [it] was just not the thing that we had been fighting so hard for.”

She said he goes into “maniac mode” and had trouble thinking of a more quantifiable amount of hours. She added, as an answer to a follow-up question, that their time spent together was a brief break from “the insanity … that is his entire work life.”

She is wearing a black cardigan and black pants with a gray shirt. She is saying that after graduating from Yale, she took a job at IBM, then joined Bloomberg Ventures, and launched Bloomberg Beta, where she focused on AI investments. “I was 13 years old and I read a book called The Age of Spiritual Machines by Ray Kurzweil,” and that opened a new world for her. “I read it 10–15 times.”

Sam Altman wasn’t making decisions quickly enough and dragging things out, or not making decisions on controversial things at all, Murati says. He told people what they wanted to hear. “Those are the big themes.”

Satya Nadella met with the OpenAI board. And Murati told Microsoft’s Kevin Scott about Ilya Sutskever signing a petition to reinstate Altman. Murati also wanted Altman back. “The board had not followed a process that could be trusted and it wasn’t transparent with regard to firing Sam.”

It is specifically about how OpenAI and Microsoft worked together. She says that when GPT models were developed, there was no sense they would be commercializable. She also says that Altman undermined her in her ability to do her job, and pitted executives at OpenAI against each other.

Closing statements are likely next Thursday, not early next week. Also, Musk’s lawyer Steven Molo suggested that OpenAI came up with “small adjunct” as a phrase while cross-examining Brockman. In fact, Musk used that phrase.

YGR has sternly warned the lawyers about how much time they have left. We expect closing arguments a week from tomorrow.

The two companies’ famed 2019 contract was made public as part of the Musk v. Altman trial exhibits. The 36-page agreement defines artificial general intelligence as “a highly autonomous system that outperforms humans at most economically valuable work.”

Wu is still identifying documents. Two jurors have some real thousand-yard stares going on.

We are now looking at assorted legal documents with him. We have determined the board has approved the agreement of 2018, which is the initial formation of the for-profit OpenAI LP. OpenAI Inc. contributed assets and in result got the limited partner interest and “residual interest.” This seems to be mostly about reading stuff into the record.

Molo asked a very narrow question about texts or emails about removing Musk from the board. Then he accused Brockman of making up the explanation after the fact because of the trial. OpenAI’s lawyer pulled out two sentences from the same entry: “real decision is fire Elon” and “We seem converged on the ‘fire Elon’ route.” Pretty good from OpenAI’s lawyers, and very annoying / misleading from Molo.

For instance, yesterday, Brockman gave a long spiel about the setup of OpenAI that only tangentially involved Musk. Altman and Sutskever were portrayed as being in the middle of things. Molo effectively said that and then pointed out that Musk’s money was key. Brockman objected both to the summary, and to the idea that Musk’s money was key. Come on, dude. We aren’t idiots.

It’s not clear to me why Musk’s ultimatum matters? Musk says he won’t continue funding until he gets a firm commitment. Brockman testified he never made that firm commitment, and Musk didn’t resume his quarterly payments. There were clear continuing negotiations about how to raise money, including whether Tesla should get control of OpenAI and whether there should be an ICO after this email. What are we doing? I am at this point genuinely lost.

We have been talking about whether or not Greg Brockman made an initial investment into the for-profit. If we all agree that the for-profit has a different investment base than the nonprofit, I don’t get what the conflict here is? The nonprofit is effectively an investor in the for-profit, though the investment was in kind. The nonprofit still exists. Right now I am trying to figure out whether I find Brockman or Musk more reliable, and I think the answer is, it’s going to depend on who is most supported by other witnesses and documents.

The problem is that the chronology of Brockman’s negotiations with Musk is now working against him. We have multiple emails and texts with Musk proposing that he be in charge, followed by Musk withholding funding unless Brockman and Ilya Sutskever did what he wanted. Brockman might be motivated by profit — I certainly think so! — but Musk’s actions are what they are: high-pressure negotiating tactics that failed. It seems to me that Musk’s lack of involvement with OpenAI’s for-profit is self-inflicted.