TLDR
- Sam Altman delivered approximately four hours of testimony in the federal Musk v. Altman lawsuit in Oakland, California
- Altman’s position: Musk walked away from OpenAI voluntarily rather than having it taken from him
- Elon Musk demanded overwhelming majority ownership of OpenAI, which Altman described as making him “extremely uncomfortable”
- Musk’s legal team questioned Altman’s credibility, referencing historical allegations of dishonesty
- The trial moves to closing arguments Thursday; the jury decision serves as advisory guidance only
Sam Altman, CEO of OpenAI, appeared in federal court Tuesday to counter Elon Musk’s allegations that OpenAI leadership betrayed the organization’s original nonprofit charter.
During his roughly four-hour appearance at Oakland’s federal courthouse, Altman delivered a consistent message: Elon Musk chose to walk away from OpenAIāno one took it from him.
“We were kind of left for dead,” Altman stated under oath.
The legal proceedings originate from a 2024 lawsuit filed by Musk against OpenAI, Altman, and OpenAI president Greg Brockman. Musk’s complaint alleges that the defendants transformed the company’s structure from its founding nonprofit model and misappropriated his approximately $38 million in contributions for unauthorized commercial ventures.
According to Altman’s testimony, he never guaranteed Musk that OpenAI would maintain its nonprofit status. Instead, he characterized their relationship as one marked by fundamental disagreements about the company’s trajectory, culminating in Musk’s complete loss of confidence in the venture.
Altman referenced a December 2018 email from Musk as proof: “My probability assessment of OpenAI being relevant to DeepMind/Google without a dramatic change in execution and resources is 0%. Not 1%.”
Altman described these words as “burned into my memory.”
The Battle Over Corporate Control
A substantial portion of Altman’s testimony centered on Musk’s insistence on securing majority control in any commercial iteration of OpenAI. According to Altman, Musk demanded controlling interest while offering only vague assurances that his stake might eventually decrease.
Altman expressed skepticism about these promises. “My belief is he wanted to have long-term control,” he told the court.
He recounted what he characterized as a particularly alarming exchange. When OpenAI’s founding team questioned what would become of the organization if Musk passed away while controlling it, Musk allegedly responded casually that his offspring might assume ownership.
Altman emphasized that OpenAI’s founding principles explicitly rejected the concentration of artificial general intelligence under any individual’s control. This philosophy made Musk’s demands unacceptable.
Musk also floated the possibility of merging OpenAI with Tesla during these discussions. Altman declined, arguing that Tesla’s identity as an automotive manufacturer made it incompatible with OpenAI’s objectives.
Musk officially departed from OpenAI’s board in February 2018. Altman testified that staff reactions were mixedāsome viewed it as a “morale boost,” while others feared Musk might pursue “vengeance.”
Cross-Examination Targets Altman’s Trustworthiness
During cross-examination, Musk’s attorney Steven Molo challenged Altman’s integrity directly. His opening question: “Are you completely trustworthy?” Altman initially responded “I believe so,” before simplifying his answer to a straightforward yes.
Molo highlighted allegations from former associates, including Anthropic’s founder Dario Amodei, and pointed to Monday’s testimony from former OpenAI chief scientist Ilya Sutskever, who claimed to possess documentation of what he termed a consistent pattern of misleading behavior by Altman.
Altman also discussed his temporary ouster as CEO in 2023. He characterized the episode as an “incredible betrayal” and noted that the board provided minimal justification beyond claiming he hadn’t been forthcoming with them.
“I had poured the last years of my life into this,” Altman testified. “I was watching it about to be destroyed.”
OpenAI currently carries a valuation exceeding $850 billion according to private market investors. Musk’s lawsuit seeks the removal of both Altman and Brockman, plus the redirection of more than $130 billion to OpenAI’s nonprofit foundation. Closing arguments are slated for Thursday. The jury will render an advisory verdict, with final authority resting with Judge Yvonne Gonzalez Rogers.
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