Sam Altman took the stand today in the Musk v. Altman trial, the legal confrontation that has been building since Elon Musk filed suit against his former co-founder and the organization they built together. The origins of this case stretch back to 2015, when a small group of people who genuinely believed artificial general intelligence was coming — and coming soon — made a deliberate choice to build outside the profit motive. The nonprofit structure wasn't incidental. It was the point. Musk put in hundreds of millions of dollars and the weight of his name at a moment when both meant something enormous to the project's legitimacy. Then, as the compute costs of frontier AI became clear and the competitive landscape hardened, OpenAI constructed a capped-profit subsidiary, signed a partnership with Microsoft worth billions, and began its transformation into something that looked, from the outside, a great deal like the thing it was created not to be. Musk's lawsuit argues, in essence, that this constitutes a betrayal of the founding agreement — that the mission was not merely aspirational language but a binding commitment. Today, for the first time in open court, the man who built the capped-profit OpenAI into one of the most valuable private companies in the world had to sit down and explain himself under oath.
If confirmed, what happens in that testimony matters well beyond the legal outcome of this particular case. Altman speaking under oath about the founding intent of OpenAI — about what was promised, to whom, and what the capped-profit structure was understood to mean — creates a public record that will follow every future governance decision the company makes. A ruling against OpenAI wouldn't simply be a loss in a lawsuit; it would be a judicial finding that a founding philosophical commitment can constitute an enforceable obligation, which would reshape how every AI lab currently describing itself as safety-focused or mission-driven understands its own legal exposure. For Microsoft, whose investment sits at the center of what Musk calls the corruption of the mission, the implications are equally serious. And for the broader question of who gets to decide what AGI looks like when it arrives, a courtroom in San Francisco is now, improbably, one of the relevant venues.
Watch for what Altman says about the specific conversations and agreements made in 2015 — any acknowledgment of explicit commitments to the nonprofit structure, or any reframing of those commitments as informal and non-binding, will be the crux on which this case likely turns.
The Musk v. Altman trial continues today as Musk's team calls Shivon Zilis, a former OpenAI board member who shares four children with Musk. Follow along with @lopatto.bsky.social:
Sam Altman and Elon Musk are facing off in a high-stakes trial that could alter the future of OpenAI and its most well-known product, ChatGPT. In 2024, Musk filed a lawsuit
The Musk v. Altman trial continues this week, as Microsoft CEO Satya Nadella takes the stand. Follow along with @lopatto.bsky.social as she liveblogs from the courthouse.
OpenAI CEO Sam Altman says Elon Musk did "huge damage" to the culture of the AI startup. During testimony as part of Musk's lawsuit against OpenAI, Altman said Musk required
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Sam Altman takes the stand in trial against Elon Musk
Elon Musk and Sam Altman had very different experiences while testifying at a trial that will determine OpenAI’s future, including who runs it, where its research funding comes
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