Elon Musk trial against Sam Altman to reveal OpenAI power struggle

The trial’s outcome could sway the balance of power in AI, and jury selection starts on Monday.

Technology tycoons Elon Musk and Sam Altman are poised to face off in a high-stakes trial revolving around the alleged betrayal, deceit and unbridled ambition that blurred the bickering billionaires’ once-shared vision for the development of artificial intelligence.

The trial, which is scheduled to begin on Monday with jury selection, centres on the 2015 birth of ChatGPT maker OpenAI as a nonprofit start-up primarily funded by Musk before evolving into a capitalistic venture now valued at $852bn.

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The trial’s outcome could sway the balance of power in AI, breakthrough technology that is increasingly being feared as a potential job killer and an existential threat to humanity’s survival.

Those perceived risks are among the reasons that Musk, the world’s richest person, has cited for filing a lawsuit in August 2024 that will now be decided by a jury and US District Judge Yvonne Gonzalez Rogers in Oakland, California.

The civil lawsuit accuses Altman, OpenAI’s CEO, and his top lieutenant and a cofounder, Greg Brockman, of double-crossing Musk by straying from the San Francisco company’s founding mission to be an altruistic steward of a revolutionary technology. The lawsuit alleges they shifted OpenAI into moneymaking mode behind his back.

The bitter legal fight may come down to a few pages in one executive’s personal diary.

“This is the only chance we have to get out from Elon,” wrote Brockman in the autumn of 2017. “Is he the ‘glorious leader’ that I would pick?”

Brockman’s diary entry is part of the thousands of pages of internal documents revealed in court.

Musk said the defendants kept him in the dark about their plans, exploited his name and financial support to create a “wealth machine” for themselves, and owe damages for having conned him and the public.

He also wants OpenAI to revert to a nonprofit, for Altman and Brockman to be removed as officers and for Altman to be removed from its board.

OpenAI has brushed off Musk’s allegations as an unfounded case of sour grapes that’s aimed at undercutting its rapid growth and bolstering Musk’s own xAI, which he launched in 2023 as a competitor.

The trial also carries risks for Musk, who last month was held liable by another jury for defrauding investors during his $44bn takeover of Twitter in 2022. Any damaging details about Musk and his business tactics could be particularly hurtful now because his rocket ship maker, SpaceX, plans to go public this summer in an initial public offering that could make him the world’s first trillionaire.

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