OAKLAND - In a dramatic twist to the ongoing legal battle over the future of artificial intelligence, a new court filing reveals that Elon Musk attempted to reach a settlement with OpenAI just 48 hours before their high-profile trial began last week. The revelation, made public in a Sunday evening filing, suggests that behind the scenes of the billion-dollar dispute, a flurry of tense communications took place between the world’s richest man and the leadership of the company he helped found
The April 25 Message and the "Hated Men" Warning
According to OpenAI’s legal team, Musk reached out to OpenAI President Greg Brockman on April 25 to "gauge interest in a settlement." The timing was critical, occurring just as both sides were finalizing their opening arguments for the federal trial in Oakland, California.
The filing describes a brief but sharp exchange between the former partners:
• The Proposal: When Brockman responded to Musk’s inquiry by suggesting that both sides simply drop their respective claims, the conversation took an aggressive turn.
• The Threat: Musk reportedly rejected the offer to drop the case, responding with an ominous warning: “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.”
OpenAI’s attorneys argued that these messages prove Musk's true motive is not about "charitable trust" but is a strategic attempt to harass a commercial competitor and its principals, Sam Altman and Brockman.
Trial Foundations: Nonprofit Roots vs. For-Profit Reality
The trial, which has captivated Silicon Valley, centers on Musk’s claim that OpenAI and its leaders breached their founding mission. Musk, who provided roughly $38 million in seed funding, alleges that Altman and Brockman "stole a charity" by transitioning from a pure nonprofit to a for-profit benefit corporation valued at nearly $800 billion.
In his testimony during the first week of the trial, Musk called himself a "fool" for his early donations, claiming he was conned into believing the technology would remain open-source for the benefit of humanity. Conversely, OpenAI’s defense has presented evidence suggesting Musk himself originally pushed for a for-profit structure and only sued after his attempts to take full control of the company were rejected in 2018.
Judicial Rulings and Billions at Stake
While OpenAI attempted to enter Musk’s "most hated men" text as evidence to demonstrate bias, Judge Yvonne Gonzalez Rogers denied the request. She ruled that the attorneys should have introduced the messages during Musk's time on the witness stand, rather than after his seven-hour testimony had concluded.
The financial and leadership stakes of the trial are unprecedented:
• Leadership Removal: Musk is seeking a court order to remove Sam Altman and Greg Brockman from OpenAI’s board.
• Massive Damages: Musk’s legal team is pursuing up to $150 billion in damages to be returned to the nonprofit arm of the organization.
• Operational Costs: Testimony revealed that OpenAI plans to spend an astronomical $50 billion on computing resources in 2026 alone to maintain its lead in the AI race.
As the trial moves into its second week, high-profile figures from Microsoft and the wider tech industry are expected to take the stand. The outcome remains a coin toss that could either solidify OpenAI's current corporate structure or force an "implosion" that reshapes the entire AI industry.