Just before the trial was set to begin in earnest in the lawsuit that Tesla Chief Executive Elon Musk filed against OpenAI, evidence emerged that Musk had asked OpenAI about the possibility of a settlement.
According to materials OpenAI filed with the court on the 4th (local time), Musk sent a text message to OpenAI President Greg Brockman asking whether the two sides were willing to settle.
When Brockman replied in the vein of proposing that both sides drop their lawsuits, Musk responded, saying, "You and Sam will be the most hated people in America this week," and, "If you keep insisting, that's what will happen," according to reports. Here, "Sam" refers to OpenAI CEO Sam Altman.
OpenAI's legal team argued that the messages are key evidence showing the purpose of Musk's lawsuit. In a filing, they said the texts support that Musk filed the suit not to obtain legal relief but to pressure and attack a competitor and its management. They also said the messages are admissible under the Federal Rules of Evidence and asked the court to allow Brockman to testify about them.
Musk has argued that OpenAI abandoned its original mission to develop artificial intelligence (AI) for the public benefit. He filed suit alleging that during OpenAI's transition to a public benefit corporation (PBC) structure that allows for-profit activities, CEO Altman, President Brockman, and other executives obtained improper benefits.
Through this lawsuit, he is seeking the removal of Altman and Brockman and demanding that the $134 billion (about 198 trillion won) in unjust gains he claims they obtained be returned to OpenAI Foundation, the nonprofit parent organization.
Meanwhile, Brockman is scheduled to testify at the trial that day, and Altman and Microsoft CEO Satya Nadella are expected to take the stand afterward.