Policy & Regulation
OpenAI claims Musk sought settlement before trial
OpenAI alleges Elon Musk sought a settlement before their trial began, though a judge has ruled the text exchange inadmissible as evidence in the ongoing legal battle.
According to a new legal filing submitted on Sunday by OpenAI’s lawyers, tech entrepreneur Elon Musk sent what the company characterizes as “ominous texts” to OpenAI’s president and co-founder, Greg Brockman. The filing claims that Musk initiated the exchange by suggesting a settlement to his lawsuit against the artificial intelligence organization. This text exchange reportedly occurred two days before the Elon Musk vs. OpenAI trial began last week.
In the exchange detailed by OpenAI’s lawyers, Musk texted Brockman to suggest a settlement. When Brockman replied by suggesting both sides drop their respective suits, the conversation escalated. Musk responded to the co-founder with a warning: “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 text refers to Sam Altman, the CEO and co-founder of OpenAI.
However, these communications will not be presented in court. The filing itself did not include copies of the text exchange. TechCrunch reporter Tim Fernholz, who is covering the trial, reported that the judge ruled the text exchange inadmissible as evidence. OpenAI’s lawyers had dedicated the majority of their Sunday filing to arguing why the settlement discussion should be admitted, but the judge rejected the request, meaning the exchange cannot be used during the trial.
The dispute highlights the deep division over the governance of the artificial intelligence developer. Musk’s lawsuit seeks to unwind OpenAI’s for-profit structure—the commercial corporate model the organization adopted after starting as a nonprofit. Additionally, the lawsuit demands that OpenAI make its technology available to the public, strip its licensing agreement with partner Microsoft, and compel OpenAI to pay him damages and fees.
In response, OpenAI has filed a countersuit—which is a legal claim made by a defendant against a plaintiff. OpenAI’s countersuit alleges that Musk is “demanding money from its success while kneecapping a rival,” rather than acting out of genuine concern for artificial intelligence safety.
Why it matters
OpenAI’s filing attempts to frame Musk’s lawsuit as a bad-faith effort to extract money from the company’s success rather than a genuine concern for AI safety.