New court filings reveal that Elon Musk sent pointed text messages to OpenAI president and co-founder Greg Brockman just days before his lawsuit against the AI company went to trial, according to OpenAI’s legal team.
Two days before the trial began, Musk contacted Brockman and suggested that OpenAI settle the case, the filing states. Brockman responded by proposing that both sides drop their respective lawsuits. What followed, OpenAI claims, was a sharp escalation.
In the exchange described in the filing, Musk allegedly replied: “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.” The reference to “Sam” is to Sam Altman, OpenAI’s CEO and co-founder.
The messages surfaced in a new filing submitted Sunday by OpenAI’s lawyers. The document focused largely on arguing that the text exchange should be allowed into evidence at trial, on the grounds that it was relevant to the dispute. The filing itself did not attach copies of the texts; it only described their content.
Despite OpenAI’s push, the judge overseeing the case ruled the exchange inadmissible, according to TechCrunch reporter Tim Fernholz, who is covering the trial from the courtroom. That means the jury will not see or hear the texts as formal evidence in the proceedings.
Still, the filing has added a fresh layer of tension to a case already drawing intense scrutiny across the tech industry. Once the “settle-or-else” message became public via OpenAI’s legal filing, it prompted observers to question Musk’s motives in bringing the lawsuit.
What Musk’s Lawsuit Seeks to Do
Musk’s case against OpenAI targets the company’s current structure and partnerships. According to the description in the filing, his lawsuit aims to:
Unwind OpenAI’s for-profit structure
Require that OpenAI’s technology be made available to the public
Strip Microsoft’s licensing agreement with OpenAI
Force OpenAI to pay him general, compensatory, and punitive damages, as well as his legal fees
OpenAI, in turn, has filed a countersuit. While the newly surfaced text messages were ruled out as evidence, their publication in the filing has shaped public debate. Once the messages became known, many observers interpreted them as suggesting that the case may be as much about financial gain and competitive pressure as it is about AI safety or governance. OpenAI’s countersuit essentially advances that view, alleging that Musk is trying to benefit from OpenAI’s success while hobbling a rival.
The trial continues without the texts formally in the record, but their existence and the judge’s decision to exclude them underscores how high the stakes have become in the battle over the future of one of the world’s most prominent AI companies.
Paul Balo is the founder of TechBooky and a highly skilled wireless communications professional with a strong background in cloud computing, offering extensive experience in designing, implementing, and managing wireless communication systems.
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