3 – Breaking News & Latest Updates 2026
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More from All of the updates from Elon Musk and Sam Altman’s battle over OpenAI

Elizabeth Lopatto
Elizabeth Lopatto
Okay, it’s time for the cross of Achiam.

“Are you aware that OpenAI employees are better-compensated than any other employees in startup history?” lol lady, why would he know that. Anyway, he’s got millions of dollars in OpenAI shares, and he’s also sold some for more than $10 million.

Elizabeth Lopatto
Elizabeth Lopatto
“I think he was just upset that he had been challenged,” Achiam said. “This was not friendly.”

In Musk’s testimony, he claimed he might have said something friendly like “don’t be a jackass” but denied he’d called anyone a jackass. Achiam’s testimony obviously contradicts that. Achiam received a trophy from Dario Amodei at the next meeting in commemoration of Achiam standing up to Musk: “Never stop being a jackass for safety.” The trophy is not introduced, sadly for me.

Elizabeth Lopatto
Elizabeth Lopatto
During the all-hands, Musk expressed concerns about what would happen if DeepMind got to AGI first,

“It sounded like he wanted to race toward AGI.” That sounded unsafe to Achiam. “He was proposing to do something that seemed, based on our understanding at the time, obviously unsafe and reckless,” Achiam said. “We had a pretty tense exchange, and he snapped and called me a jackass.” There were 50 or 60 people at that meeting.

Elizabeth Lopatto
Elizabeth Lopatto
“It was a bit like seeing Bigfoot through Plexiglass,” Achiam says of seeing Elon Musk in the office.

He had a notable interaction with Musk, though, during the all-hands when Musk was departing the organization in Feb. 2018. Musk explained that he was leaving because he had a new conflict of interest with Tesla, which would be hiring from the same pool of researchers — and indicated a general lack of confidence in OpenAI’s path

Hayden Field
Hayden Field
Ilya Sutskever would get up on tables to give speeches in the early days of OpenAI.

That’s according to Josh Achiam, currently the company’s chief futurist, who joined in 2017. He said Sutskever’s impassioned speeches would typically be about the science-fiction-esque future that was approaching.

Hayden Field
Hayden Field
Achiam talked about the roles of Greg Brockman and Ilya Sutskever in OpenAI’s early days.

He said Brockman and Sutskever were the “main leaders,” and that Brockman was the “engineering workhorse that pushed to build scaled-up systems that would train the AI and make it work.” Achiam called Sutskever a “scientific visionary” who articulated what the future would be like, such as football fields of silicon chips making large-scale calculations.

Hayden Field
Hayden Field
Josh Achiam described what it was like to work at OpenAI in 2017.

He said when he joined, OpenAI was a team of about 50 people, and that it essentially felt like “an extension of a graduate student lab in a university” — a “collegiate, academic, super intellectual” environment — with most employees being either current PhD students or recent graduates. He said he appreciated that there wasn’t a “publish or perish” type of culture at the time.

Elizabeth Lopatto
Elizabeth Lopatto
Achiam started at OpenAI as an intern in the summer of 2017, and became a full-time employee in December.

His job was safety research then. He is now the “chief futurist” at OpenAI, where he tries to think about side-effects of AI (such as social impacts, economic impacts, and consequences for national and international security). “It is my best attempt to have us fulfill the mission of OpenAI,” he says. The idea is to ensure AGI benefits everyone, he says. It’s “one of the highest and noblest callings we could possibly have.”

Elizabeth Lopatto
Elizabeth Lopatto
Hi my name is Josh Achiam and welcome to “will we see the jackass trophy?”

He is establishing his background right now. You will be just shocked to hear that he’s into science fiction. This is the witness we may see the jackass trophy for. I am on the edge of my seat.

Elizabeth Lopatto
Elizabeth Lopatto
Fairly stupid choice by Musk’s lawyers to go after Microsoft’s major decision rights.

Microsoft had an approval right on some transactions. It did not have the majority of the board. That’s even though they contributed more than 90 percent of OpenAI’s initial investments. Also, all LPs had major decision rights, Wetter testifies. So this is less control than Musk wanted for more money.

Elizabeth Lopatto
Elizabeth Lopatto
Musk cross. I guess we are now going to have a fight about due diligence.

“We did not talk to Elon Musk during out due diligence process,” Wetter notes. He’s not a party to OpenAI’s agreements with Microsoft. A lot of the direct was “Are there any agreements with Elon Musk here? Are there any there?”

Elizabeth Lopatto
Elizabeth Lopatto
“Our due diligence found no conditions related to Elon Musk,” Wetter says.

We have just gone through the terms of a very boring document. I will spare you. That’s the top line.

Elizabeth Lopatto
Elizabeth Lopatto
Mike Wetter for Microsoft is taking the stand now.

He lead corporate development at Microsoft, where he’s worked for almost 20 years. We saw this deposition earlier as part of Musk’s case. He did a bunch of the work on the 2021 and 2023 OpenAI deals. I believe he is here to talk about Microsoft’s due diligence and also to put the deal in context — “we’ve done over 100 transactions including acquisitions and investments,” in aggregate value of $100 billion.

Elizabeth Lopatto
Elizabeth Lopatto
Scott, who is wearing sneakers and a black crew neck under his blazer, seems quite pleasant on cross.

He also doesn’t remember a bunch of things Musk’s lawyer is asking about. I fully believe him on this — feels like Scott’s only real interest is the tech. He was so happy talking about Azure and he is very lost talking about partnership agreements.

Elizabeth Lopatto
Elizabeth Lopatto
We are now getting cross-examination from Musk’s lawyer.

She seems confused by a CTO not knowing what revenue had been generated. Scott noted he was not the chief revenue officer. He seemed amused.

Elizabeth Lopatto
Elizabeth Lopatto
Microsoft’s CTO Kevin Scott is on the stand.

He has testified that the company liked the idea of partnering with OpenAI in part because it would show how to build out Azure for AI frontier research. It’s pleasantly boring.

Elizabeth Lopatto
Elizabeth Lopatto
In his testimony, Musk said he never called anyone a jackass.

He said he sometimes used strong language at work, but might have said something like, “Don’t be a jackass.” So in addition to being hilarious, the trophy also makes him look like a liar.

Elizabeth Lopatto
Elizabeth Lopatto
Incredible evidence dispute this morning.

There is a trophy that OpenAI has brought in, that’s half of a donkey — the back half — and says, “Never stop being a jackass.” It’s a commemoration OpenAI employees bought for another employee that Musk called a jackass on the way out on his last day. Musk’s team does not want the trophy in evidence.

Sam Altman was winning on the stand, but it might not be enough

Elon Musk may have done more long-term reputational damage to the OpenAI CEO.

Elizabeth Lopatto
Hayden Field
Hayden Field
About 200 people work on safety at OpenAI.

Kolter laid out OpenAI’s different safety groups: the safety systems team, which works on guardrails and evaluations; the preparedness team, which deals with OpenAI’s preparedness framework; the alignment team, which helps train models on ways that “align with human values”; the model policy team, which develops the model spec; and other teams focusing on investigations. When speaking about the controversial dissolution of OpenAI’s superalignment team and AGI readiness team, he said some of that research is being done by other teams.

Hayden Field
Hayden Field
The chair of OpenAI’s safety and security committee said they’ve formally delayed its model releases.

Dr. Jeremy “Zico” Kolter said that so far, there have been two times when the committee “formally requested a delay of models.”

Elizabeth Lopatto
Elizabeth Lopatto
Irritatingly, no one has asked him why he’s called “Zico.”

Anyway, he’s a member of the nonprofit board of the OpenAI foundation, but not the for-profit. He’s a safety expert.

Elizabeth Lopatto
Elizabeth Lopatto
Microsoft establishes that OpenAI has other investors...

And that Musk hasn’t sued any of them. Softbank’s investment is bigger — so is Nvidia’s and so is Amazon’s. That’s all from Microsoft.

Elizabeth Lopatto
Elizabeth Lopatto
We see the Musk “bait and switch” texts again.

In response, Altman texted, “I agree this feels bad — we offered you equity when we established the cap profit, which you didn’t want at the time but we are still very happy to do any time you like.” Molo tries to ask if this is a bribe — if Altman is trying to say that if Musk lets him get away with stealing from a charity, he’ll split the loot. Savitt objects, YGR sustains.