OpenAI and Musk’s counsel need to discuss something... Back in 15.
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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.
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.
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.
I guess she isn’t into Birchall’s testimony about Musk’s charitable contributions?
Jared Birchall’s testimony will begin. Birchall runs Musk’s family office, Excession LLC, and generally serves as his fixer.
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.”
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.
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.
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.







