Elon Musk’s Testimony at OpenAI Trial: Key Stumbles and Legal Risks
Elon Musk appeared fatigued and irritable as he took the stand for the third consecutive day in a four-week trial tied to his lawsuit against OpenAI. The lawsuit alleges that OpenAI abandoned its nonprofit mission and should be prevented from going public later this year. If Musk’s legal strategy succeeds, Sam Altman could face removal, and OpenAI might remain a nonprofit indefinitely.
However, Musk’s testimony included at least seven significant missteps that may have weakened his case:
1. Concessions Against His Lawyer’s Objections
OpenAI’s legal team secured multiple concessions from Musk, despite objections from his own attorney.
2. Exposure of xAI’s Safety Record
Musk lost a battle to keep xAI’s safety record confidential, raising doubts about his credibility as an AI safety advocate and OpenAI’s original mission.
3. Contradictory Documents Revealed
OpenAI’s lawyers presented documents that directly contradicted Musk’s testimony, undermining his claims.
4. Labeling OpenAI’s Safety Team as "Jackasses"
Musk’s past derogatory remarks about OpenAI’s safety team resurfaced, damaging his perceived professionalism.
5. Admission of Ignorance on "Safety Cards"
Despite his own AI firm issuing "safety cards," Musk admitted he did not know what they were, further eroding his credibility.
6. Contradiction in Temperament Claims
Musk testified that he never loses his temper—just moments before raising his voice at OpenAI’s lawyer.
7. Trump Ties Brought into Public Record
Musk’s legal team failed to keep his connections to Donald Trump off the record, allowing the judge to consider discussions that could further discredit his testimony.
Musk’s Claims About OpenAI’s Mission and Funding
As the trial’s first witness, Musk spent over seven hours testifying that OpenAI deceived him. He repeatedly accused OpenAI executives of "stealing a charity" after accepting $38 million in donations. Musk alleged he was tricked into providing "free funding" to establish a nonprofit that Altman allegedly intended to transform into an $800 billion for-profit entity—not for humanity’s benefit, but for personal enrichment.
Musk’s testimony has drawn intense scrutiny, with his credibility and legal strategy now in question.