OpenAI trial: Brockman rebuts Musk's take on startup's history, recounts secret work for Tesla
- by CNBC
- May 05, 2026
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OpenAI President Greg Brockman concluded his testimony in the Musk v. Altman trial Tuesday.
The OpenAI president disputed Elon Musk's telling of the AI startup's early days.
Brockman also said Musk had OpenAI employees do secret work on self-driving technology at Tesla.
In his testimony last week, Musk repeatedly accused Brockman and OpenAI CEO Sam Altman of trying to "steal a charity."
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Musk was generally not very available for meetings and conversations, Brockman said, so he relied on employees, including Sam Teller and former OpenAI board member Shivon Zilis, as proxies.
Brockman also testified that Musk never expressed interest in open sourcing OpenAI's technology, nor did he move to formally require it of the nonprofit.Â
Musk had repeatedly suggested on the stand that open sourcing OpenAI's models was supposed to be a core tenant of the organization.Â
"Honestly, it was not a topic of conversation," Brockman said.
Around 2017, Musk, Altman and Brockman participated in discussions about OpenAI's direction, and they explored establishing a for-profit subsidiary where Musk would have an equity stake. Musk left the company's board in 2018, and OpenAI established a for-profit arm following his departure.
Brockman testified on Tuesday about Musk's hot-tempered response to him and other co-founders when they tried to negotiate over who should hold what stakes in a for-profit affiliate of OpenAI.
When their conversation turned to equity, Brockman said "something really changed" in Musk.Â
"Something just shifted in him. You could sense it. He was angry, he was upset," Brockman said. Â
He said Musk declined the proposal during an in-person meeting, then tore a painting of a Tesla Model 3 car off the wall, and began storming out of the room.Â
Before he left, Brockman said Musk turned and demanded to know when he and his cofounders would be leaving the company. He said he feared Musk might hit him at the time.Â
Lawyers for OpenAI also asked Brockman if Musk ever said why he wanted to control OpenAI.
Brockman said that in conversations, Musk said he "experienced what it was like to not have control and he didn't like it."
For example, Brockman said, Musk told him that at Zip2, his lack of control "caused a problem," and at SolarCity "his cousins didn't have control," and "he had to bail them out." Musk's auto business, Tesla, acquired his cousins' faltering solar business in a $2.6 billion deal in 2016.
Brockman also said that Musk told him he wanted control of OpenAI, in part, to finance the building of a "city on Mars" which the SpaceX CEO had said required $80 billion around the time of their negotiations.
SpaceX, which owns and operates OpenAI competitor xAI, is now aiming for a 2026 IPO, in which it is reportedly aiming to raise $75 billion.
Brockman's finances
On Monday, Musk's lawyer, Steven Molo, pressed Brockman about his equity stake in OpenAI's for-profit subsidiary, which is worth roughly $30 billion. Molo repeatedly pointed out that Brockman never followed through on an offer to contribute $100,000 â or any cash â to the nonprofit.
"I did not end up donating, that is true," Brockman said from the stand.Â
Brockman kept a journal to document both personal and professional events in his life, and Molo pointed to several entries during his line of questioning, including one excerpt from 2017, which read, "Financially, what will take me to $1B?"
Molo questioned whether Brockman was more interested in funding the nonprofit, or becoming a billionaire and enriching himself. Brockman said that OpenAI's mission has "always been my primary motivation," and that fair compensation for his work as a founder was a consideration but a secondary one.Â
Brockman testified that he thought he would have been "good" with $1 billion worth of shares, and Molo harped on his choice of words repeatedly.
Molo asked Brockman why he had not donated the other $29 billion worth of his equity back to the nonprofit, now known as the OpenAI Foundation. Brockman didn't have a straightforward answer.Â
The trial will resume at 8:30 a.m. PT on Wednesday. The mother of four of Musk's children, former OpenAI board member Shivon Zilis, is expected to testify.
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