Musk\u2019s testimony during the trial\u2019s third day also revealed that his startup xAI, which is now part of SpaceX, partially \u201cdistilled\u201d or used OpenAI\u2019s tech to train xAI\u2019s artificial intelligence. That practice appears to violate OpenAI\u2019s terms of service.<\/p>\n
As Musk sought to prove OpenAI abandoned its nonprofit mission to improve humanity in favor of making money, he affirmed during cross-examination that there was no document saying OpenAI couldn\u2019t create a for-profit affiliate. He also said there was no document stipulating the terms of his $38 million in donations, beyond a corporate charter saying OpenAI was a nonprofit.<\/p>\n
But he continued repeating his belief that OpenAI CEO Sam Altman and President Greg Brockman \u201cstole a charity.\u201d Musk is alleging breach of charitable trust and unjust enrichment, seeking upwards of $134 billion in damages to fund OpenAI\u2019s nonprofit mission, and trying to oust Altman and Brockman from the company.<\/p>\n
Musk\u2019s testimony has repeatedly referenced the prospect that AI may destroy humanity. In a Tesla earnings call last year, he said he needed more control over the company to oversee its \u201crobot army,\u201d a reference to its Optimus robots now made in Fremont. He said both Thursday and Wednesday that he didn\u2019t mean in a military sense, but mentioned the possibility of a \u201cTerminator\u201d scenario.<\/p>\n
Judge Yvonne Gonzalez Rogers said the trial is about OpenAI\u2019s nonprofit mission, not the prospect of a tech extinction event. She told Musk to stop talking about it in further testimony.<\/p>\n
\u201cThey got it. It\u2019s enough,\u201d Gonzalez Rogers said.<\/p>\n
Near the end of his testimony, Musk said OpenAI\u2019s lawyer William Savitt was asking a leading question\u00a0\u2014 which Savitt is allowed to do during cross-examination. Gonzalez Rogers reminded the courtroom that Musk is \u201cnot a lawyer.\u201d \u201cI did take Law 101,\u201d Musk said.<\/p>\n
When asked if he was aware that OpenAI\u2019s nonprofit arm is funding healthcare research including Alzheimer\u2019s studies, Musk said he didn\u2019t know what OpenAI is doing.<\/p>\n