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Elon Musk's OpenAI Case Revisited: Funding Cuts, Power Struggles, and Poaching, with Ex-Girlfriend as Informant on Board

According to monitoring by Dongcha Beating, the cross-examination phase of Elon Musk's lawsuit against OpenAI began on Wednesday. OpenAI lawyer Savitt reconstructed a timeline using Musk's own emails and texts. In the spring of 2017, Musk was the primary funding source for OpenAI and was the first to stop the quarterly payments of $5 million. In August, Birchall, head of the family office, wrote asking whether to continue withholding payments, to which Musk replied with a single word: 'Yes.' In September, during discussions about establishing a for-profit entity, Musk requested to select four board members (while the other founders only totaled three), stating in an email, 'I will undoubtedly have initial control of the company.' OpenAI co-founder and former chief scientist Sutskever replied, refusing, as he believed it gave Musk too much power. After failing to gain control in October, Musk, still on the OpenAI board, began poaching talent from OpenAI. He wrote to a Tesla vice president saying he had persuaded early researcher Karpathy to join Tesla, stating, 'The OpenAI people will want to kill me, but this has to be done.' That same month, he instructed Neuralink co-founder to directly recruit from OpenAI: 'Hire directly, I have no problem.' In February 2018, Musk texted Shivon Zilis, then a board member of OpenAI (and mother of Musk's four children, as well as an executive at Neuralink), saying, 'We plan to actively poach 3 to 4 people from OpenAI to Tesla.' Zilis asked if she should remain on the OpenAI board to 'keep things friendly' and 'let the information continue to flow,' to which Musk agreed. Savitt used this text message to try to prove that Musk was still obtaining internal information through Zilis after leaving OpenAI. During the cross-examination, Musk repeatedly expressed dissatisfaction, claiming Savitt's questions were 'designed to trick me.' Judge Gonzalez Rogers at one point urged both sides to remain calm. When Savitt pressed Musk about his promise to donate $1 billion but only contributing $38 million, Musk responded, 'I contributed my reputation; these things have value.' Earlier that day, Savitt had countered Musk using a tweet from March: Musk testified in the morning that Tesla was not working on AGI, and Savitt immediately displayed Musk's own tweet stating, 'Tesla will be one of the companies to make AGI.' Musk continued to be cross-examined on Thursday. Birchall and OpenAI president Brockman are expected to testify afterward.

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