Elon Musk

A month after a jury dismissed Elon’s claims in the Musk v. Altman case, US District Judge Rita Lin dismissed an xAI lawsuit accusing OpenAI of stealing trade secrets and poaching employees. This time, it was dismissed with prejudice, meaning it can’t be refiled, unlike when she dismissed the case in February.

While SpaceX plans satellite-based AI servers, Bloomberg reports it ran into trouble trying to develop and run Grok AI in Memphis, citing unnamed sources. They claim that deals renting capacity to Anthropic ($15 billion annually) and Google ($920 million per month) happened following hardware variation and lag issues:

With the debut of SPCX, Elon Musk’s 4.8 billion shares are enough to push his wealth beyond $1.1 trillion, as noted on Forbes’ “definitive, minute-by-minute guide to every billionaire around the globe.”

As reported by CNBC, the New York Times, and others, trading commenced at a price 11 percent above the $135 IPO price, but lower than the $175 shown in some earlier indications. It’s already spiked as high as $167, before falling back to $155. As long as the share price remains above $138, that is enough to make Elon Musk the world’s first trillionaire.

That price puts SpaceX at a market valuation of around $1.77 trillion ahead of its record-breaking stock market debut on Friday. CNBC reports that SpaceX may allocate 20 percent of shares to retail investors, down from the previous expectation of 30 percent.

We’re still not sure whether Elon Musk will show up to ring the bell on Wall Street for tomorrow’s SpaceX IPO, but he’s already in the city — in the form of an effigy erected in Times Square. Like a similar protest this week outside WWDC, this one also targets Grok for enabling child abuse imagery.

“What we’re showing here is kind of a draft version of the version one of the SpaceX AI satellite,” said Elon Musk at the reveal on Monday. “It’s actually much simpler than a Starlink satellite.” The release of renders and specs for the space-based AI1 data center is very much timed to lend credence to the SpaceX IPO, which is set to begin trading on Friday.

After a scrubbed launch on Thursday, SpaceX’s first V3 Starship left Pad 2 at Starbase on Friday evening.

That was quick (about two hours).

I assume because he was recording, since the marshal said, “Give me your phone.” There have been several incidents of people attempting to record or take pictures throughout the trial — but I honestly am not sure why you’d record today of all days.

Unfortunately he does not have a lot of details YGR is asking for. He doesn’t know how many investments Musk has made (11 to date, according to Pitchbook), or how many were successful. He’s getting some pretty tough questioning from YGR in the direct exam. Among the things she’d asked, he didn’t know how many startups fail in Silicon Valley, or the success rate for assorted VC firms.

God bless. We are in the Microsoft closing statements. “Microsoft never found a single page of a single document” that referenced Musk’s alleged restrictions on his donations during the due diligence process.

He may be laying it on thick, but he did get a big laugh.

He reminded the jury that Musk isn’t in the courtroom while Altman and Brockman are. (Musk posted yesterday that he was en route to Beijing on Air Force One.) “They are here because they care a lot about this,” Savitt said. “Mr. Musk isn’t here. Mr. Musk came to this court for exactly one witness — Elon Musk — and he hasn’t been seen since. Now he’s in parts unknown.”

“He claims to have heard things high atop a windy hill where no one else can hear,” Savitt told the jury. (Strange phrasing, but after the bridge metaphor from Molo, I wouldn’t expect anything less.) He also says Musk has “unclean hands” due to his “unconscionable conduct” related to the claims he’s bringing. “Only after OpenAI succeeded, against Musk’s prediction, only then did he start threatening litigation,” Savitt said.

He said that by his calculations, people said things like “I don’t remember” and “I don’t recall” between 150 and 200 times during this trial so far — using this to bolster his argument that Musk had waited too long to bring his claims.

You may remember that yesterday I was completely tickled by the possibility that the jury might get to see this. Even YGR seemed tickled by it. Unfortunately, she ruled that discussing it was fine but unless the Musk team gave them reason to introduce it, the jurors wouldn’t see so much as a photo. But this is the trophy Josh Achiam got for getting yelled at by Elon Musk.

There’s one more thing that Savitt is harping on. “Has the OpenAI nonprofit respected its general founding principles?” The question doesn’t matter, legally, since Musk didn’t create a charitable trust, but Savitt is going to spend some time on this because Molo emphasized it.

Musk doesn’t want to admit that trying to build an AGI lab in Tesla was a failure — whether that was by acquiring OpenAI or trying to poach all its talent, maybe even putting Altman on the board. Eddy suggests this case is revenge on OpenAI for succeeding.

That’s kind of where I’ve landed! The idea of the “adjunct” for-profit (Eddy says this is a moving target, and though Musk used it twice in testimony, when Savitt used it, Molo objected and accused him of making up a term) doesn’t show up in any of the brainstorming structure documents. We do see parallel for-profits, and the idea of a conversion to a for-profit and shutting down the nonprofit. Jared Birchall also testified that he filed to register a company for this.

They went to Ilya Sutskever and Greg Brockman, among others, right before he proposed that he get 62.5 percent of a for-profit company. We are now looking at tax forms and letters — neither of which show any specific purpose. Jared Birchall also testified that there was no specific purpose for the donations. Shivon Zilis doesn’t remember it. Sam Teller doesn’t remember it. This is like watching the Warriors play a team of 6-year-olds.

Chronology and documents. Musk’s performance on the stand does give credence to the suggestion from Eddy that Musk “took his marbles and went home” when he couldn’t get his way.

She opens with a banger. Musk has said he made donations with strings attached. “Even the mother of his children can’t back his story.”

I do wonder how this would have played in the hands of a better lawyer. Molo’s book report did not overwhelm me with confidence in his case, particularly because a lot of his point-blank assertions were profoundly arguable.

In all that chaos, Microsoft did suggest board members. But OpenAI didn’t take those suggestions — except one, well after the crisis. I don’t know man, I don’t really understand how this goes to the Microsoft case. It might be a suggestion the nonprofit board doesn’t really control the for-profit — but Helen Toner’s and Tasha McCauley kind of came off as amateurs in their approach, not least because there was no investigation before the firing.