Two days before the Elon Musk vs. OpenAI trial began last week, Musk sent a message to Greg Brockman, president and co-founder of the model maker. Musk suggested to Brockman that OpenAI settle the matter.
After Brockman suggested both parties drop their lawsuit, negotiations were derailed, with Musk responding: “By the end of this week, you and Sam will be the most hated people in America. If you insist, that’s what will happen.”
This is stated in a new filing Sunday by OpenAI lawyers. The filing did not include copies of the text exchange, and much of it was devoted to explaining to the judge why this exchange on settlement negotiations should be admitted into evidence. However, the judge wasn’t having it – ruling the exchange unacceptable, according to TechCrunch reporter Tim Fernholz. who is covering the trial on site.
However, the implication is clear. Musk’s lawsuit seeks to dismantle OpenAI’s profit-based structure, make its technology available to the public, void Microsoft’s licensing agreement, and force OpenAI to pay him general, compensatory and punitive damages, as well as his attorney’s fees. After OpenAI’s lawyers publicly shared this “settle-or-else” text, observers immediately noticed Perhaps this test is not about Musk’s concern for AI safety, but about seeking money from its success while bringing the rival to its knees. Essentially, OpenAI’s counterclaim makes the same allegation.
Meanwhile, the trial continues.

