Elon Musk's ketamine use can't be questioned during OpenAI trial
What's the story
US District Judge Yvonne Gonzalez Rogers has ruled that Elon Musk's use of the drug ketamine cannot be questioned during an upcoming jury trial. The trial is centered around allegations that OpenAI, the artificial intelligence company co-founded by Musk, defrauded him by abandoning its nonprofit roots. The decision was made at a hearing in Oakland, California yesterday.
Trial details
Trial to examine OpenAI's early years and fallout with Musk
The trial, set to begin on April 28, will review OpenAI's founding years and its fallout with Musk. It will also cover Microsoft's $13 billion investment in the start-up. The jury will decide if Sam Altman and Greg Brockman, OpenAI's other co-founders, misled Musk about their intentions to keep a nonprofit structure when he donated $38 million initially.
Damages claim
Musk seeking $134B in damages
Musk is claiming up to $134 billion in damages from OpenAI and Microsoft. If awarded, it would be one of the largest verdicts in history. However, both companies have denied his allegations. The judge also ruled that questions about Musk's ketamine use during key negotiations with OpenAI would be irrelevant unless more concrete evidence about the drug's mind-altering effects is provided.
Festival inquiry
Burning Man attendance permitted for questioning
The judge permitted limited questioning about Musk's attendance at Burning Man, an annual festival in Nevada where drug usage is common. OpenAI's attorneys had claimed that "a lot of significant communications" between Musk and OpenAI happened while he was at the event. However, during his deposition for the case, Musk could not recall if he had taken ketamine during key negotiation periods.
Expert testimony
Judge skeptical about damages calculations
The judge also expressed skepticism over the report by Musk's sole expert witness who worked up the damages calculations. Financial economist C. Paul Wazzan had earlier said that Musk might be entitled to between $79 billion and $134 billion in ill-gotten profits from OpenAI and Microsoft. However, the judge wasn't particularly convinced by Wazzan's methodology or results.
Witness list
Potential witnesses set to testify at trial
Among those who are set to testify at the trial are Musk, Altman, Brockman, OpenAI co-founder Ilya Sutskever, and Shivon Zilis, a former board member. Microsoft's CEO Satya Nadella and ex-chief technology officer Mira Murati are also possible live witnesses. The jury's damages determination will likely only be advisory with the judge determining the amount after trial.