An anonymous reader quotes a report from the San Francisco Chronicle: Elon Musk returned to the witness stand Wednesday in Oakland federal court for a second day of testimony in his case against OpenAI, detailing his shift from being an enthusiastic supporter of the nonprofit to feeling betrayed. He also clashed repeatedly with OpenAI's attorney over questions that Musk believed were unfair. He said his feelings towards OpenAI CEO Sam Altman and President Greg Brockman shifted from a "phase one" of support, "phase two" of doubts, and finally "phase three, where I'm sure they're looting the nonprofit. We're currently in phase three," Musk said with a chuckle. Musk said he was a "fool" for giving OpenAI "$38 million of essentially free funding to create what would become an $800 billion company," of which he has no equity stake.

In his 2024 lawsuit, Musk alleged breach of charitable trust and unjust enrichment, arguing OpenAI abandoned its original nonprofit mission to benefit humanity to pursue financial gain. OpenAI's lawyer William Savitt argued Tuesday during his opening statement that the nonprofit entity remains in control of the for-profit public benefit corporation and is now one of the most well-funded nonprofits in the world. Musk is seeking to oust Altman from OpenAI's board and upwards of $134 billion in damages, which he said would be used to fund OpenAI's nonprofit mission. During cross-examination, Savitt clashed with Musk over questioning. Savitt asked whether Musk had contributed $38 million to OpenAI, rather than the $100 million that he later claimed to have invested on X. Musk said he also contributed his reputation to the company and came up with the idea for the name, leading Savitt to ask Musk to respond yes or no to "simple" questions.

"Your questions are not simple. They're designed to trick me, essentially," Musk said, adding that he had to elaborate or it would mislead the jury. He compared Savitt's questions to asking, "have you stopped beating your wife?" Judge Yvonne Gonzalez Rogers intervened, leading Musk to answer yes to the $38 million investment amount. The world's richest man said his doubts grew and by late 2022, he thought "wait a second, these guys are betraying their promise. They're breaking the deal." "I started to lose confidence that they were telling me the truth," Musk said. A turning point was co-defendent Microsoft's investment of billions of dollars into OpenAI, Musk said. On October 23, 2022, Musk texted Altman that he was "disturbed" to see OpenAI's valuation of $20 billion in the wake of the Microsoft deal. Musk called the deal a "bait and switch," since a nonprofit doesn't have a valuation. OpenAI had "for all intents and purposes" become primarily a for-profit company, Musk argued. Altman responded to Musk by text that "I agree this feels bad," saying that OpenAI had previously offered equity in the company but Musk hadn't wanted it at the time. Altman said the company was happy to offer equity in the future. Musk said it "didn't seem to make sense to me" to hold equity in what should be a nonprofit. Musk also testified about former OpenAI board member Shivon Zilis, who lives with him, is the mother of four of his children, and served as a senior advisor at Neuralink. He denied that she shared sensitive OpenAI information with him. Court evidence showed Musk had encouraged her to stay close to OpenAI to "keep info flowing" and had approved Neuralink recruiting OpenAI employees, which he defended by saying workers are free to change jobs. "It's a free country," Musk said.

Recap:

Musk Testifies OpenAI Was Created As Nonprofit To Counter Google (Day Two)
Elon Musk and OpenAI CEO Sam Altman Head To Court (Day One)

Read more of this story at Slashdot.

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