Musk Texted OpenAI’s Brockman on Settlement Before Trial

CNBC reported Monday that Elon Musk reached out to OpenAI President Greg Brockman about a potential OpenAI settlement trial deal just 48 hours before proceedings were set to begin. The outreach emerged in a late-Sunday court filing and is expected to feature prominently once Brockman takes the stand.

A Text That Turned Into a Threat

Musk sent Brockman a message gauging his appetite for settling the dispute, according to the filing. When Brockman suggested both parties drop their respective claims against each other, Musk’s reply was strikingly aggressive. The filing quotes Musk warning that Brockman and OpenAI CEO Sam Altman would become “the most hated men in America” by week’s end if they pushed forward.

OpenAI’s legal team moved swiftly to enter the text as evidence. Their argument is pointed: the message reveals that Musk’s real motivation is not principle but competitive malice. The lawyers wrote that it demonstrates Musk is pursuing the case to damage a rival company and its leaders, not to vindicate any charitable mission.

Background: A Founding Dispute Turned Courtroom Battle

Musk co-founded OpenAI in 2015 alongside Altman and others, with the organization structured as a nonprofit devoted to safe AI development. He departed the board in 2018 and later launched his own AI venture, xAI. OpenAI established a for-profit subsidiary that same year and saw its commercial fortunes explode after ChatGPT debuted in late 2022. The company now carries a private-market valuation exceeding $850 billion.

Musk filed suit in 2024, alleging that roughly $38 million he donated in OpenAI’s early years was funneled toward unauthorized commercial activities. He contends the for-profit arm ultimately consumed the nonprofit’s founding purpose. OpenAI has dismissed every claim as groundless.

First Week Dominated by Musk Testimony

Trial proceedings opened last week at federal court in Oakland, California, before Judge Yvonne Gonzalez Rogers. Musk spent three days on the witness stand, accusing Altman and Brockman of attempting to “steal a charity” and describing the for-profit unit as the tail wagging the charitable dog. He also fielded questions about xAI, which he merged with SpaceX in February at a reported valuation of $250 billion. Court is scheduled to resume Monday at 11:30 a.m. ET, with Brockman potentially among the first witnesses called.

Read Next: OpenAI Hits $850 Billion Valuation in Latest Funding Round