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Tech Archive

Archives for April 2026

Elizabeth Lopatto
Elizabeth Lopatto
Second break of the day.

OpenAI and Musk’s counsel need to discuss something... Back in 15.

Elizabeth Lopatto
Elizabeth Lopatto
Birchall cross.

He was used, I think, to get financial documents into the record. We are now on the cross, and he is giving mercifully brief and direct answers.

Elizabeth Lopatto
Elizabeth Lopatto
Birchall has just been asked about the four Teslas.

There is a confirmation document from Chris Clark to Elon Musk showing the donation values. The donation was to OpenAI, as agreed in the stipulated facts, and in conflict to what Musk testified today.

Adi Robertson
Adi Robertson
Birchall testifies about Musk’s contributions to OpenAI.

We’re looking at a summary of about 60 donations to OpenAI, which Birchall says were directed by Musk, with Birchall helping execute all of them.

Elizabeth Lopatto
Elizabeth Lopatto
A woman in the gallery has lowered a sleep mask over her eyes and is attempting to sleep.

I guess she isn’t into Birchall’s testimony about Musk’s charitable contributions?

Elizabeth Lopatto
Elizabeth Lopatto
Musk steps down. He may be recalled.

Jared Birchall’s testimony will begin. Birchall runs Musk’s family office, Excession LLC, and generally serves as his fixer.

Elizabeth Lopatto
Elizabeth Lopatto
We are on re-cross. Musk is getting testy again.

Savitt asked about Musk’s $1 billion funding commitment. When did Musk stop funding OpenAI? 2020. And that was when they broke the deal? No, I was uncomfortable. (some crosstalk)
Musk: “I understand leading questions. That’s a leading answer.”
YGR: He can lead. He can lead all he wants. Let’s remind everyone you are not a lawyer and you’ve never taken a class in evidence.
Musk: “I did take law 101 technically, but yes I am not a lawyer.”

Adi Robertson
Adi Robertson
The Microsoft investment comes back up.

Musk’s back from break, reiterating that he had reason for waiting as long as he did to file suit against OpenAI — and saying his initial understanding of OpenAI’s agreement with Microsoft was that it didn’t violate the mission of the charity. “I don’t think I had a basis for filing a lawsuit before I did,” Musk says. He also refers to xAI as the smallest of the AI players, coming after Anthropic, OpenAI, Google, and Chinese AI models.

Elizabeth Lopatto
Elizabeth Lopatto
And we’re back.

Resuming the redirect of Musk by Molo

Elizabeth Lopatto
Elizabeth Lopatto
We’re in break — and I just checked out something interesting.

In the document of stipulated facts — that is, what everyone has agreed on — it’s said that Musk gave Teslas to OpenAI as an in-kind contribution. In response to questioning from YGR, Musk says that he gave the Teslas to individuals, personally, and not to OpenAI: I bought at full price and gave them to individuals. It was a reward to the individuals.”
I don’t know if this matters, but it sure is interesting.

1/2
Adi Robertson
Adi Robertson
Elon Musk’s robot army definitely will not kill you.

Apparently he wasn’t 100 percent confident in yesterday’s clarification, because Molo asks Musk to clarify whether the “AI-enabled robot army” mentioned in cross-examination is a military army. “No, we do not make any weapons,” Musk says. The point of his using the term was that “if we made a lot of robots we need to make sure they’re safe and don’t turn into a Terminator situation … You see, in the movie, it’s not a good situation.”

Judge Gonzalez Rogers asks Musk to sum up the plot of Terminator in one sentence. “Worst-case situation is AI kills us all, I suppose,” he says.

With that, the jury leaves for a break.