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Elon Musk tried to settle OpenAI case before court battle
Musk v/s OpenAI trial has now entered second week

Elon Musk tried to settle OpenAI case before court battle

May 05, 2026
12:23 pm

What's the story

Elon Musk reached out to OpenAI's president Greg Brockman just two days before his multibillion-dollar lawsuit against them was set to go to trial. The communication was intended as a settlement inquiry, according to a recent filing. When Brockman proposed that both parties drop their claims, Musk responded with a warning about potential public backlash.

Legal dispute

Musk's lawsuit against OpenAI

Musk's text to Brockman read, "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 lawsuit was filed in 2024 by Musk against OpenAI, Brockman and CEO Sam Altman. He accused them of breaking their promise to keep OpenAI a nonprofit organization committed to its charitable mission.

Court proceedings

Musk's testimony

The trial began last week in Oakland, California, with Musk testifying during the first week. He accused Altman and Brockman of trying to "steal a charity." OpenAI's lawyers sought to present Musk's text as evidence, arguing it demonstrates his motive and bias in pursuing this lawsuit. However, Judge Yvonne Gonzalez Rogers chose not to accept the text message as evidence.

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Testimony details

xAI and OpenAI's response to Musk's claims

Over three days, Musk detailed his role in founding OpenAI and how he thinks it has strayed from its original mission. He also talked about his rival AI company, xAI, which he started five years after leaving OpenAI's board in 2018. In response to Musk's claims that the $38 million he donated to OpenAI was used for unauthorized commercial purposes, the company dismissed them as "baseless."

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