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OpenAI

OpenAI kicked off an AI revolution with DALL-E and ChatGPT, making the organization the epicenter of the artificial intelligence boom. Led by CEO Sam Altman, OpenAI became a story unto itself when Altman was briefly fired and then brought back after pressure from staff and Microsoft, an investor and close partner.

Elizabeth Lopatto
Elizabeth Lopatto
Microsoft is now getting to talk to Brockman.

Microsoft is low-key my favorite part of this trial? Their opening statement was just like, an ad for Microsoft products. Almost all questions, including of Brockman, are like, “Did Microsoft play a role in the founding? Did it participate in the creation of a for-profit entity?” (No, obviously.) It is so funny, like they are going to at any moment turn to the jury and say, “Now why are we in this?”

Elizabeth Lopatto
Elizabeth Lopatto
The blip.

Brockman says he was told he was removed from the board in an eight-minute call, and not given a reason why. He was also told Sam Altman was fired. Shortly after, he quit. “The board’s actions felt wrong to me. Wrongly conceived, wrongly executed.” He thought that he’d start a new AI company with Sam Altman. Several other people quit alongside Brockman and they started planning their new company. Satya Nadella called to ask if something terrible had happened, and Brockman said no. So then being a startup within Microsoft was an option too. But ultimately, as we all know, Brockman went back to OpenAI.

Elizabeth Lopatto
Elizabeth Lopatto
We are now discussing Shivon Zilis.

She did not disclose her romantic relationship with Musk to Greg Brockman. She gave birth to twins while still a board member at OpenAI, and found out their father was Elon Musk through “public reporting.” She did, eventually, say the twins were via IVF and her relationship with Musk was “entirely platonic.” She stayed on the board because Sutskever, Altman, and Brockman trusted her — other board members wanted her gone.

Elizabeth Lopatto
Elizabeth Lopatto
We are now going through the assorted releases of GPT models.

zzzzzz

Elizabeth Lopatto
Elizabeth Lopatto
When Musk resigned, he gave a speech to OpenAI’s employees that might have been demoralizing…

because he said, essentially, he saw no path at OpenAI and was going to work on AGI at Tesla. But during a Q&A period, he said that he wasn’t going to work on safety, and just focus on catching up with DeepMind. That generated a strong, negative reaction.

Elizabeth Lopatto
Elizabeth Lopatto
One observation from Brockman and Sutskever’s emails.

Every email to Musk starts with glowing compliments, and at times what even reads like groveling. I don’t know if the jury is noticing this, but I certainly am. I wonder how much ass-kissing Musk is accustomed to — probably a lot.

Elizabeth Lopatto
Elizabeth Lopatto
We are now recontextualizing more entries from Brockman.

Some more successfully than others. While I’m willing to believe the “steal the charity” line is about booting Musk from the board, the idea that “making the money for us sounds great and all” was about unsuccessful fundraising was somewhat less believable. One thing Brockman is making clear is that Musk was mercurial — not a surprise. “Elon’s engagement depended directly on how likely he thought it was we’d succeed,” he says. By January 31st, 2018, Musk says he thought OpenAI was “on a path of certain failure relative to Google” in an email.

Elizabeth Lopatto
Elizabeth Lopatto
There were discussions between Brockman, Altman, and Sutskever about removing Musk from the board.

“Ilya and myself” decided not to remove him from the board because it felt right for the mission but wrong personally. By that point, Musk was trying to get them all to join Tesla. This makes the journal entry about “Ilya feeling like we morally should not be kicking elon out, and should be trying to make the non-profit work” as well as “it’d be wrong to steal the non-profit from him” read really differently.

Elizabeth Lopatto
Elizabeth Lopatto
We are back from a break.

Greg Brockman is explaining that Musk put conditions on his continuing donations at OpenAI, which he did not accept. Then Musk said they should merge OAI into Tesla. They’d get the money, a billion-dollar-per-year budget, and it’d grow from there. The work would have to be secret — that would be a requirement to make it happen.

Elizabeth Lopatto
Elizabeth Lopatto
“I thought he was going to hit me,” Brockman says of Musk.

“I truly thought he was going to physically attack me.” Musk was angry that no one wanted to agree for him to have majority equity. As he was storming out of the meeting, Musk asked Brockman and Sutskever when they planned to leave OpenAI. They were confused. Then Musk said, “I will withhold funding until you decide what you are going to do.” He then stopped his promised quarterly donations to OpenAI.

Elizabeth Lopatto
Elizabeth Lopatto
Elon Musk doesn’t love anything he can’t control.

Brockman is discussing an intense period of negotiations between him, Ilya Sutskever, Sam Altman, and Musk. Musk wanted unilateral control. He also wanted a lot of equity because “he needed the money for Mars, he needed $80 billion to create a city there,” Brockman says. During the negotiations, Musk stopped his quarterly donations.

Elizabeth Lopatto
Elizabeth Lopatto
Sam Altman discussed an equal equity split…

between Altman, Musk, Brockman, and Sutskever in August 2017. It was the first proposal for a for-profit. Musk rejected this. “At the end of the meeting he said, ‘You guys are great but I could start another AI company tomorrow. One tweet is all it takes,” Brockman said.

Elizabeth Lopatto
Elizabeth Lopatto
We are now discussing Brockman’s journal.

He started keeping it in 2010. He describes it as stream-of-thought, jotted notes, and disorganized thoughts that sometimes contradicted each other. “It’s very painful” to see the journal in this case, Brockman says. These were “very deeply personal writings that were never meant for the world to see but there’s nothing there I’m ashamed of.”

Richard Lawler
Richard Lawler
Brockman talks Dota 2.

Brockman said that focusing on the game was his idea, in a project worked on by several people, later explaining that DeepMind was working on something similar with a different game but “had nothing” yet, contributing to their decision not to open-source the technology.

The most notable part of the project, however, is how its development led to understanding that increasing the scale of their compute could rapidly advance the AI capabilities. “…the first Dota bot Jakub Pachocki trained was on 16 CPU cores … every week they had 2x the CPU cores, and the AI got 2x better. There was no limit. We kept increasing the scale, thinking this would peter out, but it never did,” said Brockman.

Elizabeth Lopatto
Elizabeth Lopatto
Elon Musk tried to get Bill Gates to donate to OpenAI.

Musk told Brockman he tried to get Gates to donate four times, and Gates didn’t so much as come by the office. One wonders whether Musk’s persistent shit-talking of Gates had anything to do with Gates’ reluctance.

Elizabeth Lopatto
Elizabeth Lopatto
First sidebar of the trial.

I love a sidebar. We have static. There’s some evidence OpenAI is trying to introduce that Musk’s team apparently doesn’t want, about Brockman’s investment in Cerebras.

Elizabeth Lopatto
Elizabeth Lopatto
OpenAI had layoffs at Musk’s insistence.

Five to 10 people were laid off after Musk demanded a list of people with their contributions by their names. It had a “significantly negative” impact on morale and made recruiting more difficult.

Elizabeth Lopatto
Elizabeth Lopatto
Greg Brockman tells the court that while at OpenAI, he and three others worked at Tesla.

Elon Musk requested that they come help. “It was pretty clear this was not something we could say no to,” Brockman says. Brockman claims this was something he worried about when it came to joining OpenAI.

So over the course of several months, the OpenAI group worked on self-driving. One of those engineers, Andrej Karpathy, permanently joined Tesla afterward. “I have an apology and a confession,” Musk said. “I made an offer to Andrej to run autopilot and he accepted.”

Elizabeth Lopatto
Elizabeth Lopatto
YGR is on the bench.

We have some matters to take care of before we get the jury back.

Google’s AI architect lived rent-free in Elon Musk’s head

DeepMind’s Demis Hassabis was a constant figure of fear among Musk and other OpenAI higher-ups.

Hayden Field
Robert Hart
Robert Hart
OpenAI mothballed plans to spin out hardware and robotics divisions.

Sam Altman considered a similar structure to Google’s Alphabet, which separates its core search business from ventures like Verily (health) and Waymo (self-driving cars), The Wall Street Journal reports. OpenAI has been cutting back on side quests ahead of a potential IPO and could revive spinout plans later on, the report says.

OpenAI’s president does ‘all the things,’ except answer a question

No detail was too small to argue over for Greg Brockman.

Elizabeth Lopatto
Elizabeth Lopatto
Elizabeth Lopatto
Jury is sent out for the day.

Just before they left, Jared Birchall’s testimony regarding the funding of the bid to buy OpenAI — the subject of last week’s drama — was struck.

Elizabeth Lopatto
Elizabeth Lopatto
We are hearing about the early days of OpenAI.

In Brockman’s telling, Altman was around a lot more often than Musk. The gee-whiz energy here is off the charts, including a pre-launch story about the group being stuck in traffic for an hour and a half and not noticing because they were having such a good time.

Elizabeth Lopatto
Elizabeth Lopatto
Early worries about Musk came from Ilya Sutskever.

From Sutskever’s texts to Brockman:

Elon might spend half a day a week with us

I imagined how it will be and I worry that our work environment can become very stressful

And since he’ll be bankrolling it, itll be hard to stop it

Elizabeth Lopatto
Elizabeth Lopatto
Brockman is describing his bromance with Altman.

When Brockman was leaving Stripe, he told Altman “I’m thinking about doing an AI thing” and Altman said, “I’m also thinking about doing an AI thing” and “then we kept in touch.” They went to a dinner in Menlo Park — Musk arrived an hour late — to talk about AGI, then Brockman caught a ride home with Altman.

Elizabeth Lopatto
Elizabeth Lopatto
“I do all the things.”

Asked what he does as president of OpenAI, that’s how Brockman responded. God I hate hearing millennial slang in the courtroom. Sooo I did a thing… for $30 billion.

Elizabeth Lopatto
Elizabeth Lopatto
Brockman says we are 80 percent of the way to AGI.

“We very much have these AI models that are smart and capable but they’re not fully connected to the world,” Brockman says. “We as society are still figuring out how do we integrate these.” This is lol and also lmao.

Elizabeth Lopatto
Elizabeth Lopatto
Open AI’s direct examination of Brockman is pretty sedate so far… aside from Tesla.

When Musk left OpenAI he told Brockman that he was going to start an AGI competitor within Tesla. “The most important thing was that there was going to be a counterweight to Google/Deepmind,” Brockman said. Musk said there was “no hope — zero percent chance” at OpenAI. Musk also told Brockman that the work on AGI at Tesla would be secret because “the shareholders wouldn’t like it.”

Elizabeth Lopatto
Elizabeth Lopatto
OpenAI’s lawyers are now getting their shot at Brockman.

Curious to see what they can recover from this testimony.

Elizabeth Lopatto
Elizabeth Lopatto
For real, I think nerds should not testify in court.

Look, correcting lawyers on whether they’ve dropped an article and saying things like “all those words are accurate so far” probably plays in a lot of places but this nitpicking doesn’t really cover you in glory in a courtroom. I get it! I am also obnoxious! But this kind of quibbling doesn’t help Brockman recover from the journal entries that make him look unreliable.

Elizabeth Lopatto
Elizabeth Lopatto
We are now looking at Brockman’s other financial dealings.

Cerebras, Stripe, CoreWeave, and Helion all appear on his financial disclosures. All four have deals with OpenAI. I see where this is going — probably a preview of what to expect with Altman.

Elizabeth Lopatto
Elizabeth Lopatto
We finished with the Microsoft investment pretty quickly.

It happened. Kind of a nothingburger, as Brockman said that the deal was “not really my focus area.” We are now back in his disclosures. OpenAI did a December 2025 deal with Cerebras, for $10 billion of chips — and Brockman had an investment. The deal increased Cerebras’ valuation to $23 billion. “Your equity in Cerebras became more valuable because of the transaction OpenAI did?” Brockman admits that’s possible.

Elizabeth Lopatto
Elizabeth Lopatto
Altman didn’t return after we took our break.

But Brockman is back on the stand, and boy, morning has not been good to him. We are now moving on to Microsoft.

Elizabeth Lopatto
Elizabeth Lopatto
We are presently having a fight about purple boxes.

You may recall from Musk’s testimony that OpenAI has used purple boxes to highlight things. We see another purple box in OpenAI LLC’s announcement it exists. Molo asks if this is something OpenAI generally uses in its paperwork to highlight important things. Brockman says no. We go back and forth on this for a while, because Brockman thinks Molo’s statement is overly broad.

Elizabeth Lopatto
Elizabeth Lopatto
We have been doing the same question for perhaps the last five minutes.

Brockman is worth $30 billion. Molo has been asking, over and over, why Brockman hasn’t donated the $29 billion to OpenAI’s charity since he’d be good at $1 billion. Brockman has been making weird non-answers. He sounds nervous and not especially convincing.

Elizabeth Lopatto
Elizabeth Lopatto
“Financially what will take me to $1B?”

The famous Brockman quote has finally hit. Molo is arguing that rather than figuring out funding for the nonprofit, Brockman was plotting to get rich. Brockman is trying to say that there’s more context. While Molo is getting worked up, Brockman is pretty level. “Do we accept Elon’s terms, or do we reject the terms, he quits to create his own [AI company], and then we create our own [AI company]?” Molo tried to strike the answer, but he is overruled.