Elon Musk’s testimony in his lawsuit against OpenAI and Sam Altman is not going as planned. The tech mogul, who co-founded OpenAI as a nonprofit, is suing over its transition to a for-profit entity. His three days on the stand in Oakland have exposed inconsistencies, frustration, and a lack of clarity in his claims.

Musk’s Testimony Riddled with Contradictions

Throughout his testimony, Musk struggled to answer straightforward questions. He avoided clear yes-or-no responses, claimed to forget prior statements, and clashed with William Savitt, counsel for OpenAI, accusing him of attempting to mislead him.

Judge Yvonne Gonzalez Rogers intervened after the jury left on Wednesday, stating,

“[Musk] was at times difficult.”

The following day, Musk’s frustration escalated. When Savitt asked leading questions, Musk interrupted, prompting the judge to remind him:

“He can lead. That’s not how it works. Let’s remind everyone in the courtroom that you’re not a lawyer.”

Musk’s Temper Undermines His Claims

Musk’s lawyers attempted to portray him as composed, with statements like

“I don’t lose my temper”
and
“I don’t yell at people”
. However, Savitt quickly disproved these claims by referencing Musk’s outbursts in the courtroom. The opposing counsel argued that Musk’s lawsuit stems not from OpenAI’s nonprofit status but from his desire to regain control of the company.

Key Moments That Weakened Musk’s Case

  • 2016 Email Admission: Savitt presented an email Musk wrote to a Neuralink colleague, stating,

    “DeepMind is moving very fast. I am concerned that OpenAI is not on a path to catch up. Setting it up as non-profit might, in hindsight, have been the wrong move. Sense of urgency is not as high.”
    When asked if these were his words, Musk replied,
    “This is a hypothetical.”
    After further questioning, he admitted,
    “So you thought it might have been a wrong move? That’s what you said?”
    Musk finally conceded,
    “Yes.”

  • Unread 2017 Document: Savitt highlighted Musk’s admission that he did not read a four-page document about OpenAI’s shift to a for-profit model. Musk claimed,

    “I didn’t read the fine print. We’re going into the fine print of this document.”
    Savitt countered,
    “It’s a four-page document.”
    Musk later contradicted himself in his deposition, stating,
    “I don’t think I read this term sheet… I did not closely look at this term sheet.”
    His frustration boiled over as he shouted,
    “I said I didn’t look closely! I read the headline!”

Musk’s testimony has raised doubts about his credibility and the strength of his lawsuit against OpenAI.