More from All of the updates from Elon Musk and Sam Altman’s battle over OpenAI
The Microsoft CEO said that though things “started off as, essentially, a bunch of people leaving,” it turned into them “talking about creating a new company. That was obviously very concerning to me.” He said he was trying to make sure Altman and Greg Brockman joined Microsoft instead of launching a new competitor: “I just wanted to make sure we could hang onto the band that created all this technology, one way or the other.”
Nadella is being asked about possibly the most baller thing he’s ever said. “Below them” means compute. “Around them” means API. “Above them” means products like Copilot. “The question was being asked, what happens if OpenAI disappears, will everything crumble? So I was trying to reassure everyone,” he says. The problem was that until he said this to Kara Swisher, “the drama of what was going on was drowning out what the customers care about.”
He was being asked if at any point Musk contacted him to say that the OpenAI deals with Microsoft violated any agreement Musk had with OpenAI’s nonprofit. Musk did not. “Does he know how to contact you?” his lawyer, asked. “He does.”
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.”
He looks very nice. I am fully expecting his testimony to be the equivalent of a pair of pleated khaki pants.
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.
“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.”
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.
What happened in the second week of Elon Musk’s lawsuit against OpenAI and its CEO, Sam Altman? The Verge senior AI reporter, Hayden Field, can help you catch up.

The former OpenAI CTO had receipts. But they mostly confuse her own story.
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?
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.
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.
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.
Increasingly I feel that the only thing happening here is Musk just trying to remind the world that Altman is untrustworthy. (Ironic!) McCauley’s testimony about the profit incentives is neither here nor there when it comes to the donations and whether any promises were made to Musk.
We are once again going over concerns about Sam Altman’s dishonesty. “Because of this pattern of lying, people in the company were copying that behavior, and there was a culture of lying and a culture of deceit,” she says.
Oh sure, Musk’s team objected and the question was withdrawn, but the OpenAI attorney said what I was thinking. Why is she here? She’s not a board member. She’s not an exec. She didn’t witness any decisions that bear on Musk’s donations. I guess the idea is that she’s testifying that OpenAI abandoned its mission? But we’ve established already that there were no known conditions on Musk’s donation yesterday, with Shivon Zilis.
Look, I’m not bought in on AGI at all, and the “AGI readiness” team getting disbanded in 2024 happened as it became clearer to everyone but the AI cultists that AGI wasn’t possible. (It was clear to some of us from the jump.) I have no idea how this is landing for the jury, but getting safe, beneficial AGI is silly if AI superintelligence isn’t possible.
It’s the great AGI rebrand
She initially worked on the “applied” team, but then moved into a research team because it was “more interesting” to work on the “policy” and “AGI readiness” teams, and think about what to do in the case AGI happened. I also prefer daydreaming to actually working.
They also discussed Dario Amodei becoming CEO of OpenAI. “I thought it was an option worth considering among our set of difficult options,” Toner says.
Neither Altman or Brockman had been allowed to tell their side of the story, nor were their HR files pulled by the board. There was no input from Microsoft, or any other investors or customers. Toner smiles when she’s frustrated or annoyed, which she sometimes is by this line of questioning.
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.


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...


