Just days before the courtroom battle began, Elon Musk made a last-minute attempt to resolve his legal dispute, claiming that under Sam Altman’s leadership, OpenAI had strayed from its original nonprofit mission of developing AI for the public good.
A court filing submitted Sunday revealed that Musk contacted OpenAI president Greg Brockman just two days before the trial, probing whether a settlement was possible. Brockman responded quickly, proposing that both parties walk away from their claims. Musk rejected the idea—and his reply reportedly escalated in tone.
“By the end of this week, you and Sam will be the most hated men in America,” Musk allegedly wrote, adding, “If you insist, so it will be.”
No agreement was reached, and the case moved forward, with Musk taking the stand as the first witness. His testimony appeared uneven at times, marked by contradictions, visible frustration, and partial retreats from earlier claims—particularly around the immediacy of existential AI risks. He also acknowledged gaps in his own understanding of safety practices at his AI venture, xAI.
The disputed message to Greg Brockman could now become a key piece of evidence. Although settlement discussions are typically protected, OpenAI argues this instance falls outside that protection, characterizing Musk’s language as coercive rather than a genuine attempt to resolve the dispute.
To support its position, OpenAI pointed to parallels with Musk’s high-profile 2022 legal clash over Twitter. In that case, Musk’s communications—including a warning that it would be “World War III” if forced to proceed with the acquisition—were admitted in court after his legal team signaled they might be shared.
OpenAI claims the latest message reflects a broader pattern of aggressive rhetoric throughout the case, which it frames as a campaign driven by Musk’s personal conflict with Altman rather than purely legal concerns. According to the company, the message helps demonstrate intent, suggesting the lawsuit is aimed at undermining a rival and its leadership.
The decision now rests with Judge Yvonne Gonzalez Rogers, who must determine whether the message can be presented when Brockman testifies. Musk’s legal team is expected to argue for its exclusion, warning that allowing such communications could discourage future settlement efforts by eroding confidentiality protections.
