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"content": "\u003cp>Elon Musk’s \u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">lawsuit against his OpenAI co-founders\u003c/a> has been rejected by a federal judge in Oakland, who found his claims were outside the statute of limitations.\u003c/p>\n\u003cp>Musk, who helped form OpenAI as a nonprofit in 2015, had alleged that co-founders Sam Altman and Greg Brockman violated the company’s original nonprofit mission to create safe and open-source artificial intelligence in order to enrich themselves. An Oakland jury took just a few hours to declare that Musk’s claim came too late. U.S. District Judge Yvonne Gonzalez Rogers, who had the final say in the case, agreed with the jury’s advisory verdict.\u003c/p>\n\u003cp>“The finding of the jury confirms that what this lawsuit was, was a hypocritical attempt to sabotage a competitor and to overcome a long history of very bad predictions about what OpenAI has been and will become,” Altman’s lead counsel, William Savitt, told reporters outside the courthouse Monday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The verdict comes after a weekslong blockbuster trial in Silicon Valley, in which the Tesla CEO accused Altman and Brockman of \u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\">“stealing a charity\u003c/a>” as they built a more than $850 million company on the back of their nonprofit. Court documents and testimony from \u003ca href=\"https://www.kqed.org/news/12083224/former-openai-exec-calls-decision-to-remove-sam-altman-a-hail-mary-during-musk-trial\">a score of tech elites\u003c/a>, including Microsoft CEO Satya Nadella, shed light on the rise of OpenAI — as well as on \u003ca href=\"https://www.kqed.org/news/12083278/sam-altman-defends-himself-from-elon-musks-accusations-in-openai-trial\">the interpersonal strife\u003c/a> and \u003ca href=\"https://www.kqed.org/news/12083612/lawyers-for-elon-musk-and-sam-altman-make-their-final-case-in-openai-trial\">falling out between Altman and Musk\u003c/a>, who were once close friends.\u003c/p>\n\u003cp>Musk’s high-profile testimony in the case also raised questions over Altman’s trustworthiness and leadership as the company pursues artificial general intelligence, a superintelligent form of AI and a potential trillion-dollar initial public offering.\u003c/p>\n\u003cfigure id=\"attachment_12084143\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12084143\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The verdict is read in the trial in which Elon Musk claimed that Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity rather than solely for profit in Oakland on May 18, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Altman’s defense argued that OpenAI had to form a profit-generating arm to keep up with competitors as AI technology advanced. They said that prior to leaving OpenAI, Musk was amenable to creating a for-profit, which he wanted to control. When other executives refused to agree to his terms, he left the company.\u003c/p>\n\u003cp>But Monday’s verdict disregarded many of the trial’s revelations, and instead hinged on the timeline of Musk’s claims.\u003c/p>\n\u003cp>The jury agreed with OpenAI’s defense that Musk missed the statute of limitations to allege a breach of charitable trust. They also dismissed a claim that Microsoft, OpenAI’s largest investor, aided and abetted a breach of charitable trust.[aside postID=news_12083612 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/OpenAILawyerGetty.jpg']Sarah Eddy, an attorney for OpenAI, noted in her closing argument that Musk departed the company in 2018, watched it build up a for-profit arm beginning in 2019 and made his final monetary contribution the year after that. Yet, he waited until 2024, after he’d launched a competing AI enterprise, to bring his suit.\u003c/p>\n\u003cp>She called the case a “textbook” example of why the statute of limitations exists, saying that when Musk made his last contribution and testified that he became suspicious of a breach of charitable trust in 2020, he “started the clock.” According to Eddy, Musk should have sued by 2022 at the latest.\u003c/p>\n\u003cp>Musk’s counsel, Marc Toberoff, said there was a strong basis for appeal based on the legal components, statute of limitations aside. Musk also wrote on X, which he owns, that he planned to file an appeal.\u003c/p>\n\u003cp>“There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question is WHEN they did it!” he wrote. “Creating a precedent to loot charities is incredibly destructive to charitable giving in America.”\u003c/p>\n\u003cp>Outside the court, anti-AI protesters who have been present for much of the trial decried the decision.\u003c/p>\n\u003cp>“No matter who won, we all lost,” said Phoebe Thomas Sorgen, an activist with StopAI, which seeks to “disrupt the reckless development of destructive” AI tech, according to its website. “We all lost. Sam Altman won, but look at who he is and what he’s doing.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Elon Musk’s \u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">lawsuit against his OpenAI co-founders\u003c/a> has been rejected by a federal judge in Oakland, who found his claims were outside the statute of limitations.\u003c/p>\n\u003cp>Musk, who helped form OpenAI as a nonprofit in 2015, had alleged that co-founders Sam Altman and Greg Brockman violated the company’s original nonprofit mission to create safe and open-source artificial intelligence in order to enrich themselves. An Oakland jury took just a few hours to declare that Musk’s claim came too late. U.S. District Judge Yvonne Gonzalez Rogers, who had the final say in the case, agreed with the jury’s advisory verdict.\u003c/p>\n\u003cp>“The finding of the jury confirms that what this lawsuit was, was a hypocritical attempt to sabotage a competitor and to overcome a long history of very bad predictions about what OpenAI has been and will become,” Altman’s lead counsel, William Savitt, told reporters outside the courthouse Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The verdict comes after a weekslong blockbuster trial in Silicon Valley, in which the Tesla CEO accused Altman and Brockman of \u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\">“stealing a charity\u003c/a>” as they built a more than $850 million company on the back of their nonprofit. Court documents and testimony from \u003ca href=\"https://www.kqed.org/news/12083224/former-openai-exec-calls-decision-to-remove-sam-altman-a-hail-mary-during-musk-trial\">a score of tech elites\u003c/a>, including Microsoft CEO Satya Nadella, shed light on the rise of OpenAI — as well as on \u003ca href=\"https://www.kqed.org/news/12083278/sam-altman-defends-himself-from-elon-musks-accusations-in-openai-trial\">the interpersonal strife\u003c/a> and \u003ca href=\"https://www.kqed.org/news/12083612/lawyers-for-elon-musk-and-sam-altman-make-their-final-case-in-openai-trial\">falling out between Altman and Musk\u003c/a>, who were once close friends.\u003c/p>\n\u003cp>Musk’s high-profile testimony in the case also raised questions over Altman’s trustworthiness and leadership as the company pursues artificial general intelligence, a superintelligent form of AI and a potential trillion-dollar initial public offering.\u003c/p>\n\u003cfigure id=\"attachment_12084143\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12084143\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260518-MUSK-ALTMAN-TRIAL-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The verdict is read in the trial in which Elon Musk claimed that Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity rather than solely for profit in Oakland on May 18, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Altman’s defense argued that OpenAI had to form a profit-generating arm to keep up with competitors as AI technology advanced. They said that prior to leaving OpenAI, Musk was amenable to creating a for-profit, which he wanted to control. When other executives refused to agree to his terms, he left the company.\u003c/p>\n\u003cp>But Monday’s verdict disregarded many of the trial’s revelations, and instead hinged on the timeline of Musk’s claims.\u003c/p>\n\u003cp>The jury agreed with OpenAI’s defense that Musk missed the statute of limitations to allege a breach of charitable trust. They also dismissed a claim that Microsoft, OpenAI’s largest investor, aided and abetted a breach of charitable trust.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Sarah Eddy, an attorney for OpenAI, noted in her closing argument that Musk departed the company in 2018, watched it build up a for-profit arm beginning in 2019 and made his final monetary contribution the year after that. Yet, he waited until 2024, after he’d launched a competing AI enterprise, to bring his suit.\u003c/p>\n\u003cp>She called the case a “textbook” example of why the statute of limitations exists, saying that when Musk made his last contribution and testified that he became suspicious of a breach of charitable trust in 2020, he “started the clock.” According to Eddy, Musk should have sued by 2022 at the latest.\u003c/p>\n\u003cp>Musk’s counsel, Marc Toberoff, said there was a strong basis for appeal based on the legal components, statute of limitations aside. Musk also wrote on X, which he owns, that he planned to file an appeal.\u003c/p>\n\u003cp>“There is no question to anyone following the case in detail that Altman & Brockman did in fact enrich themselves by stealing a charity. The only question is WHEN they did it!” he wrote. “Creating a precedent to loot charities is incredibly destructive to charitable giving in America.”\u003c/p>\n\u003cp>Outside the court, anti-AI protesters who have been present for much of the trial decried the decision.\u003c/p>\n\u003cp>“No matter who won, we all lost,” said Phoebe Thomas Sorgen, an activist with StopAI, which seeks to “disrupt the reckless development of destructive” AI tech, according to its website. “We all lost. Sam Altman won, but look at who he is and what he’s doing.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Lawyers for Elon Musk and Sam Altman Make Their Final Case in OpenAI Trial",
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"content": "\u003cp>Whether \u003ca href=\"https://www.kqed.org/news/tag/openai\">OpenAI\u003c/a> CEO \u003ca href=\"https://www.kqed.org/news/tag/sam-altman\">Sam Altman\u003c/a> and other executives betrayed their commitment to building a safe, open-source artificial intelligence, slighting billionaire Elon Musk in the process, will be decided by an Oakland jury and judge.\u003c/p>\n\u003cp>For weeks, the tech executives have sparred in federal court over whether the startup, first proposed by Altman to Musk as a sort of AI “Manhattan Project,” has abandoned its original mission to enrich itself. Musk, who provided $38 million in early funding, has accused his former OpenAI co-founders Altman and Greg Brockman of “stealing a charity.”\u003c/p>\n\u003cp>OpenAI’s executives, on the other hand, have said Musk only sued after he brought his own AI competitor, xAI, onto the market.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>During his closing statement, Musk’s lead counsel, Steven Molo, focused on Altman’s credibility. He asked the jury to consider hypothetically what they would do if they came upon a bridge, suspended 150 feet above a river, and built on Altman’s “version of the truth.”\u003c/p>\n\u003cp>“Would you walk across that bridge?” He asked. “I don’t think many people would.”\u003c/p>\n\u003cp>Molo said that in the early years of OpenAI, the intent was to create a technology “for the good of the world.” He pointed to Musk’s early fears of the dangers of artificial general intelligence, or AGI, an early mission statement that said OpenAI would not be constrained by a need to generate financial return and correspondence between Altman and Musk that expressed support by both of them for a nonprofit structure and safety-focused mission.\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081686\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There was no disagreement over the core mission,” Molo said.\u003c/p>\n\u003cp>But, he said, since OpenAI launched a for-profit subsidiary in 2019 — after Musk departed — Altman and his fellow executives have treated the nonprofit as a “shell,” transferring intellectual property and the vast majority of employees to the for-profit arm of the company. In 2023, Molo continued, after OpenAI made a $10 billion deal with Microsoft, the company failed to prioritize safety, abandoned its commitment to open sourcing and “enriched investors and insiders.”\u003c/p>\n\u003cp>“They’re motivated by money: Microsoft and Altman,” Molo said.\u003c/p>\n\u003cp>Microsoft CEO Satya Nadella testified that the company had invested $13 billion and expects to see a return of about $92 billion. Molo also pointed out that other executives, including Brockman and founding OpenAI computer scientist Ilya Sutskever, testified to having billions in equity, despite not investing in the company.[aside postID=news_12083278 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-03-KQED.jpg']Altman’s attorneys argued that Musk’s case was baseless: not only was Molo’s characterization false, but they argued, the larger issue is that Musk’s contributions to OpenAI — in the form of rent payments, Tesla Model 3 cars and $25 million in quarterly donations — were never accompanied by specific promises for their use.\u003c/p>\n\u003cp>“If the donations came with no strings attached, then Mr. Musk does not have a charitable trust to enforce,” Sarah Eddy, an attorney for OpenAI’s defendants, said.\u003c/p>\n\u003cp>She and Altman’s lead counsel, William Savitt, also spent much of their closing arguments painting Musk as not wanting to protect humanity from AGI, as he’s suggested, but wanting to be the one who controls it.\u003c/p>\n\u003cp>They allege Musk brought his suit after he tried to wrest control of a potential for-profit arm of OpenAI, and later absorb the organization into Tesla, in 2017. The executives had begun discussing a for-profit expansion that year to solicit more funding for top talent and “compute” to compete with other industry leaders.\u003c/p>\n\u003cp>Musk departed OpenAI in February 2018, after a falling-out with the other executives over those discussions.\u003c/p>\n\u003cfigure id=\"attachment_12075382\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12075382\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch of Elon Musk on the stand as he’s questioned by the plaintiff’s attorney, Aaron P. Arnzen, on March 4, 2026. Musk is accused of making false and misleading statements that drove down Twitter’s stock price before he bought the social media platform for $44 billion in 2022. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Shortly after, OpenAI decided to introduce a for-profit public benefit corporation. It has since become a $850 billion company, and is considering an initial public offering estimated at up to a trillion dollars.\u003c/p>\n\u003cp>OpenAI’s attorneys alleged that Musk saw OpenAI’s skyrocketing success and filed his suit to destroy a competitor in the field.\u003c/p>\n\u003cp>“The truth is that Mr. Musk wanted a for-profit AI, and he wanted to dominate it,” Eddy said.\u003c/p>\n\u003cp>The jury is set to begin deliberations on Monday. If they side with Musk, OpenAI and Microsoft could owe $150 billion in damages to be redirected to the nonprofit foundation, along with a court order dismantling OpenAI’s for-profit structure and removal of Altman and Brockman from their posts.\u003c/p>\n\u003cfigure id=\"attachment_12083616\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12083616\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne.jpg\" alt=\"\" width=\"2000\" height=\"1334\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California. \u003ccite>(Courtesy of Daily Journal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The jury will not have the final say, though. In a rare, but not unprecedented, move, U.S. District Judge Yvonne Gonzalez Rogers will have the ultimate right to rule on the claims.\u003c/p>\n\u003cp>According to Charlie Bullock, a senior research fellow at the Institute for Law and AI, this is because most times, “equitable claims” — breach of charitable trust and unjust enrichment — which involve non-monetary remedies, are decided by a judge.\u003c/p>\n\u003cp>In this case, Gonzalez Rogers elected to have an advisory jury, and Bullock said that typically, judges choose to go along with their decision.\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "An Oakland judge and jury will decide whether the company behind ChatGPT betrayed its mission of developing a safer, less risky AI. ",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Whether \u003ca href=\"https://www.kqed.org/news/tag/openai\">OpenAI\u003c/a> CEO \u003ca href=\"https://www.kqed.org/news/tag/sam-altman\">Sam Altman\u003c/a> and other executives betrayed their commitment to building a safe, open-source artificial intelligence, slighting billionaire Elon Musk in the process, will be decided by an Oakland jury and judge.\u003c/p>\n\u003cp>For weeks, the tech executives have sparred in federal court over whether the startup, first proposed by Altman to Musk as a sort of AI “Manhattan Project,” has abandoned its original mission to enrich itself. Musk, who provided $38 million in early funding, has accused his former OpenAI co-founders Altman and Greg Brockman of “stealing a charity.”\u003c/p>\n\u003cp>OpenAI’s executives, on the other hand, have said Musk only sued after he brought his own AI competitor, xAI, onto the market.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>During his closing statement, Musk’s lead counsel, Steven Molo, focused on Altman’s credibility. He asked the jury to consider hypothetically what they would do if they came upon a bridge, suspended 150 feet above a river, and built on Altman’s “version of the truth.”\u003c/p>\n\u003cp>“Would you walk across that bridge?” He asked. “I don’t think many people would.”\u003c/p>\n\u003cp>Molo said that in the early years of OpenAI, the intent was to create a technology “for the good of the world.” He pointed to Musk’s early fears of the dangers of artificial general intelligence, or AGI, an early mission statement that said OpenAI would not be constrained by a need to generate financial return and correspondence between Altman and Musk that expressed support by both of them for a nonprofit structure and safety-focused mission.\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081686\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“There was no disagreement over the core mission,” Molo said.\u003c/p>\n\u003cp>But, he said, since OpenAI launched a for-profit subsidiary in 2019 — after Musk departed — Altman and his fellow executives have treated the nonprofit as a “shell,” transferring intellectual property and the vast majority of employees to the for-profit arm of the company. In 2023, Molo continued, after OpenAI made a $10 billion deal with Microsoft, the company failed to prioritize safety, abandoned its commitment to open sourcing and “enriched investors and insiders.”\u003c/p>\n\u003cp>“They’re motivated by money: Microsoft and Altman,” Molo said.\u003c/p>\n\u003cp>Microsoft CEO Satya Nadella testified that the company had invested $13 billion and expects to see a return of about $92 billion. Molo also pointed out that other executives, including Brockman and founding OpenAI computer scientist Ilya Sutskever, testified to having billions in equity, despite not investing in the company.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Altman’s attorneys argued that Musk’s case was baseless: not only was Molo’s characterization false, but they argued, the larger issue is that Musk’s contributions to OpenAI — in the form of rent payments, Tesla Model 3 cars and $25 million in quarterly donations — were never accompanied by specific promises for their use.\u003c/p>\n\u003cp>“If the donations came with no strings attached, then Mr. Musk does not have a charitable trust to enforce,” Sarah Eddy, an attorney for OpenAI’s defendants, said.\u003c/p>\n\u003cp>She and Altman’s lead counsel, William Savitt, also spent much of their closing arguments painting Musk as not wanting to protect humanity from AGI, as he’s suggested, but wanting to be the one who controls it.\u003c/p>\n\u003cp>They allege Musk brought his suit after he tried to wrest control of a potential for-profit arm of OpenAI, and later absorb the organization into Tesla, in 2017. The executives had begun discussing a for-profit expansion that year to solicit more funding for top talent and “compute” to compete with other industry leaders.\u003c/p>\n\u003cp>Musk departed OpenAI in February 2018, after a falling-out with the other executives over those discussions.\u003c/p>\n\u003cfigure id=\"attachment_12075382\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12075382\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/260304-Elon-Musk-Trial-01-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A courtroom sketch of Elon Musk on the stand as he’s questioned by the plaintiff’s attorney, Aaron P. Arnzen, on March 4, 2026. Musk is accused of making false and misleading statements that drove down Twitter’s stock price before he bought the social media platform for $44 billion in 2022. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Shortly after, OpenAI decided to introduce a for-profit public benefit corporation. It has since become a $850 billion company, and is considering an initial public offering estimated at up to a trillion dollars.\u003c/p>\n\u003cp>OpenAI’s attorneys alleged that Musk saw OpenAI’s skyrocketing success and filed his suit to destroy a competitor in the field.\u003c/p>\n\u003cp>“The truth is that Mr. Musk wanted a for-profit AI, and he wanted to dominate it,” Eddy said.\u003c/p>\n\u003cp>The jury is set to begin deliberations on Monday. If they side with Musk, OpenAI and Microsoft could owe $150 billion in damages to be redirected to the nonprofit foundation, along with a court order dismantling OpenAI’s for-profit structure and removal of Altman and Brockman from their posts.\u003c/p>\n\u003cfigure id=\"attachment_12083616\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12083616\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne.jpg\" alt=\"\" width=\"2000\" height=\"1334\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/Gonzalez-Rogers-Yvonne-1536x1025.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Judge Yvonne Gonzalez Rogers of the U.S. District Court for the Northern District of California. \u003ccite>(Courtesy of Daily Journal)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The jury will not have the final say, though. In a rare, but not unprecedented, move, U.S. District Judge Yvonne Gonzalez Rogers will have the ultimate right to rule on the claims.\u003c/p>\n\u003cp>According to Charlie Bullock, a senior research fellow at the Institute for Law and AI, this is because most times, “equitable claims” — breach of charitable trust and unjust enrichment — which involve non-monetary remedies, are decided by a judge.\u003c/p>\n\u003cp>In this case, Gonzalez Rogers elected to have an advisory jury, and Bullock said that typically, judges choose to go along with their decision.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Sam Altman Defends Himself From Elon Musk’s Accusations in OpenAI Trial",
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"content": "\u003cp>On the stand on Tuesday, OpenAI CEO Sam Altman said that Elon Musk tried to \u003ca href=\"https://www.kqed.org/news/12081916/are-elon-musk-and-openai-fighting-an-ai-arms-race-sam-altmans-lawyers-think-so\">wrest control over the company\u003c/a> they co-founded before the Tesla CEO’s 2018 exit.\u003c/p>\n\u003cp>Altman’s testimony in the federal trial in Oakland, which many see as a billionaire grudge match, pushed back on Musk’s claim that the powerful AI start-up betrayed its mission to benefit the public good. Musk has accused Altman of \u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\">“stealing a charity” \u003c/a>by building an $850 million for-profit company on the back of its nonprofit research lab.\u003c/p>\n\u003cp>Altman said that in early discussions about creating a for-profit arm, Musk sought majority ownership, and later proposed folding the nonprofit into his car company.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I read that as a lightweight threat,” Altman said of the plan to bring OpenAI into Tesla. “I don’t think it would have served the mission. I think it would have effectively destroyed the nonprofit in the process.”\u003c/p>\n\u003cp>“Mr. Musk did try to kill it, I guess twice,” he said.\u003c/p>\n\u003cp>As early as summer 2017, Altman, Musk and other OpenAI executives began discussing if and how to launch a for-profit, citing a need to raise more money to keep up with competitors like Google.\u003c/p>\n\u003cfigure id=\"attachment_12083394\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12083394 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI CEO Sam Altman testifies in the trial in which Elon Musk claims that Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity rather than solely for profit in Oakland on May 12, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Altman said they were “running the organization on a shoestring,” with a short runway of cash. To acquire the compute — or the GPUs and CPUs needed to power AI — and funding they needed to pursue artificial general intelligence, or a superintelligent AI technology known as AGI, the company would need more significant investments, the executives determined.\u003c/p>\n\u003cp>“I thought, of course, we needed to raise billions to quickly ramp,” he said. “I saw no way to do it.”\u003c/p>\n\u003cp>Altman, Greg Brockman, the president of OpenAI and Ilya Sutskever, a former top OpenAI computer scientist and member of its founding team, have said that in those conversations, Musk repeatedly proposed plans that would give him majority control. Initially, Altman said that he asked for 90% equity in a potential for-profit.\u003c/p>\n\u003cp>The other executives pushed back on this request, including in an email Altman sent to Musk at the time, in which he said, “I am worried about control. I don’t think any one person should have control of the world’s first AGI — in fact, the whole reason we started OpenAI is so that wouldn’t happen.”[aside postID=news_12083224 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/SamAltmanGetty.jpg']Altman described Musk as “mercurial,” and said that when he left OpenAI in February 2018, after for-profit discussions fell apart, “people wondered if he’d try to take a vengeance on us” — which both he and his attorney, William Savitt, have alleged is exactly what Musk’s lawsuit aims to do.\u003c/p>\n\u003cp>During his cross-examination, though, Musk’s counsel Steven Molo seemed to suggest that it is Altman who has amassed significant control over OpenAI since it did launch a for-profit arm in 2019.\u003c/p>\n\u003cp>Molo asked Altman about the testimonies of various former OpenAI executives, who said he was untrustworthy and had a history of lying. Altman denied hearing those testimonies, but when asked if he had “repeatedly been called a liar” by people he has done business with, he said, “I have heard people say that.”\u003c/p>\n\u003cp>Molo said that Altman sits on the board of directors for both the OpenAI Foundation, the nonprofit arm, and OpenAI’s for-profit. He is also the company’s CEO.\u003c/p>\n\u003cp>“Would you ever fire yourself as the CEO of the for-profit?” Molo said, adding that the board of the nonprofit is supposed to provide oversight for the chief officer.\u003c/p>\n\u003cp>Altman said that CEOs are “almost always” on their company’s boards. When pressed, he said he had “no plans” to fire himself.\u003c/p>\n\u003cfigure id=\"attachment_12083294\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12083294\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Bret Taylor testifies in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity rather than solely for profit in Oakland on May 12, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Molo also asked Altman about how board members were selected following his brief firing in 2023. During the five-day ouster, there were long negotiations behind the scenes about whether Altman would return, and who would be on the board if he did. Altman, Brockman and other OpenAI executives who followed them out were also in discussions with Microsoft, OpenAI’s largest financial backer, which had offered to bring them on to start a new AI team.\u003c/p>\n\u003cp>Altman said initially he’d proposed to remove OpenAI’s board, which fired him, and replace it with four members, including himself. Altman was not made a board member at that time, but Molo said that he had proposed the three members who were ultimately selected — Bret Taylor, Larry Summers and Adam D’Angelo — in conversations with Microsoft CEO Satya Nadella.\u003c/p>\n\u003cp>Altman said that he had no power to appoint new board members, but that he did say which configurations he would be “willing” to be rehired into.\u003c/p>\n\u003cp>Earlier in the day, he characterized his return to OpenAI as running “back into a burning building to try to save it.”\u003c/p>\n\u003cp>Later this week, both Altman and Musk’s legal teams will present their closing arguments. Then the jury and judge will decide which tech leader to believe.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the stand on Tuesday, OpenAI CEO Sam Altman said that Elon Musk tried to \u003ca href=\"https://www.kqed.org/news/12081916/are-elon-musk-and-openai-fighting-an-ai-arms-race-sam-altmans-lawyers-think-so\">wrest control over the company\u003c/a> they co-founded before the Tesla CEO’s 2018 exit.\u003c/p>\n\u003cp>Altman’s testimony in the federal trial in Oakland, which many see as a billionaire grudge match, pushed back on Musk’s claim that the powerful AI start-up betrayed its mission to benefit the public good. Musk has accused Altman of \u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\">“stealing a charity” \u003c/a>by building an $850 million for-profit company on the back of its nonprofit research lab.\u003c/p>\n\u003cp>Altman said that in early discussions about creating a for-profit arm, Musk sought majority ownership, and later proposed folding the nonprofit into his car company.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I read that as a lightweight threat,” Altman said of the plan to bring OpenAI into Tesla. “I don’t think it would have served the mission. I think it would have effectively destroyed the nonprofit in the process.”\u003c/p>\n\u003cp>“Mr. Musk did try to kill it, I guess twice,” he said.\u003c/p>\n\u003cp>As early as summer 2017, Altman, Musk and other OpenAI executives began discussing if and how to launch a for-profit, citing a need to raise more money to keep up with competitors like Google.\u003c/p>\n\u003cfigure id=\"attachment_12083394\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12083394 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI CEO Sam Altman testifies in the trial in which Elon Musk claims that Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity rather than solely for profit in Oakland on May 12, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Altman said they were “running the organization on a shoestring,” with a short runway of cash. To acquire the compute — or the GPUs and CPUs needed to power AI — and funding they needed to pursue artificial general intelligence, or a superintelligent AI technology known as AGI, the company would need more significant investments, the executives determined.\u003c/p>\n\u003cp>“I thought, of course, we needed to raise billions to quickly ramp,” he said. “I saw no way to do it.”\u003c/p>\n\u003cp>Altman, Greg Brockman, the president of OpenAI and Ilya Sutskever, a former top OpenAI computer scientist and member of its founding team, have said that in those conversations, Musk repeatedly proposed plans that would give him majority control. Initially, Altman said that he asked for 90% equity in a potential for-profit.\u003c/p>\n\u003cp>The other executives pushed back on this request, including in an email Altman sent to Musk at the time, in which he said, “I am worried about control. I don’t think any one person should have control of the world’s first AGI — in fact, the whole reason we started OpenAI is so that wouldn’t happen.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Altman described Musk as “mercurial,” and said that when he left OpenAI in February 2018, after for-profit discussions fell apart, “people wondered if he’d try to take a vengeance on us” — which both he and his attorney, William Savitt, have alleged is exactly what Musk’s lawsuit aims to do.\u003c/p>\n\u003cp>During his cross-examination, though, Musk’s counsel Steven Molo seemed to suggest that it is Altman who has amassed significant control over OpenAI since it did launch a for-profit arm in 2019.\u003c/p>\n\u003cp>Molo asked Altman about the testimonies of various former OpenAI executives, who said he was untrustworthy and had a history of lying. Altman denied hearing those testimonies, but when asked if he had “repeatedly been called a liar” by people he has done business with, he said, “I have heard people say that.”\u003c/p>\n\u003cp>Molo said that Altman sits on the board of directors for both the OpenAI Foundation, the nonprofit arm, and OpenAI’s for-profit. He is also the company’s CEO.\u003c/p>\n\u003cp>“Would you ever fire yourself as the CEO of the for-profit?” Molo said, adding that the board of the nonprofit is supposed to provide oversight for the chief officer.\u003c/p>\n\u003cp>Altman said that CEOs are “almost always” on their company’s boards. When pressed, he said he had “no plans” to fire himself.\u003c/p>\n\u003cfigure id=\"attachment_12083294\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12083294\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260512-MUSK-ALTMAN-TRIAL-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Bret Taylor testifies in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity rather than solely for profit in Oakland on May 12, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Molo also asked Altman about how board members were selected following his brief firing in 2023. During the five-day ouster, there were long negotiations behind the scenes about whether Altman would return, and who would be on the board if he did. Altman, Brockman and other OpenAI executives who followed them out were also in discussions with Microsoft, OpenAI’s largest financial backer, which had offered to bring them on to start a new AI team.\u003c/p>\n\u003cp>Altman said initially he’d proposed to remove OpenAI’s board, which fired him, and replace it with four members, including himself. Altman was not made a board member at that time, but Molo said that he had proposed the three members who were ultimately selected — Bret Taylor, Larry Summers and Adam D’Angelo — in conversations with Microsoft CEO Satya Nadella.\u003c/p>\n\u003cp>Altman said that he had no power to appoint new board members, but that he did say which configurations he would be “willing” to be rehired into.\u003c/p>\n\u003cp>Earlier in the day, he characterized his return to OpenAI as running “back into a burning building to try to save it.”\u003c/p>\n\u003cp>Later this week, both Altman and Musk’s legal teams will present their closing arguments. Then the jury and judge will decide which tech leader to believe.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Microsoft’s CEO and another major player took the stand on Monday in \u003ca href=\"https://www.kqed.org/news/tag/oakland\">Oakland\u003c/a>, testifying in the blockbuster trial between OpenAI co-founders Elon Musk and Sam Altman.\u003c/p>\n\u003cp>Ahead of Altman’s testimony, Musk’s attorney Steven Molo questioned Microsoft CEO Satya Nadella and Ilya Sutskever, a top OpenAI computer scientist who departed the company in 2024. Sutskever discussed his role in orchestrating Altman’s brief ouster in 2023.\u003c/p>\n\u003cp>Over five days in November 2023, Altman was removed and reinstated from his post, after a coalition of board members raised concerns that he had not been “consistently candid in his communications” and cited a breakdown of trust.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Whether Altman and other executives have maintained OpenAI’s initial stated mission — to develop AI safely and for the “benefit of humanity” — is critical to Musk’s suit, which claims that leaders breached their duty to its nonprofit mission by building a for-profit company on top of it. Musk also alleged that the company unfairly benefited at his expense.\u003c/p>\n\u003cp>Musk also alleges that Microsoft, which is OpenAI’s largest financial backer and until this week held the exclusive rights to license and sell its technology, aided and abetted that breach of trust.\u003c/p>\n\u003cp>Molo questioned Nadella about Microsoft’s motive to invest in OpenAI — a $13 billion input that Nadella said is expected to see a return of about $92 billion, “if it works out.”\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12081686 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland, on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Musk’s attorney pointed out Nadella’s fiduciary duty to maximize profit, and referenced a series of texts between him and Altman that appeared to show Nadella pushing for an earlier rollout of the paid version of ChatGPT.\u003c/p>\n\u003cp>“When chatGPT paid?” Nadella wrote in the message.\u003c/p>\n\u003cp>Altman said that there was “Not enough compute to make it a good consumer experience,” to which Nadella said, “The sooner the better.”\u003c/p>\n\u003cp>Nadella said that the reason Microsoft invested was that OpenAI was pursuing a for-profit model, but he said, “If the pie became larger, the nonprofit would benefit as well.”[aside postID=news_12081916 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/AP26118555622828-2000x1333.jpg']Molo asked Nadella if he was aware that, for a period of time, OpenAI’s nonprofit did not have any employees.\u003c/p>\n\u003cp>“I am not,” Nadella said.\u003c/p>\n\u003cp>Molo also questioned Nadella about Microsoft’s role during Altman’s brief ouster. At the time, Nadella announced that he would hire Altman, along with OpenAI’s third co-founder and current president, Greg Brockman, as well as other allies, to head up a new AI team at Microsoft.\u003c/p>\n\u003cp>Nadella said that he “had ideas about how Sam [Altman] and the other employees could join Microsoft if they were not reinstated.”\u003c/p>\n\u003cp>“If people were going to leave OpenAI, I wanted them to come to Microsoft,” he said.\u003c/p>\n\u003cp>Molo asked Nadella if he knew why Altman had been removed, to which Nadella said he was never given an “explicit answer.”\u003c/p>\n\u003cp>“Did the thought occur to you … the board might issue a public statement about why they fired Altman?” Molo said.\u003c/p>\n\u003cp>Nadella said during that period — referred to as “The Blip” by many OpenAI employees — he was focused on ensuring continuity for customers.\u003c/p>\n\u003cp>“It goes back to me wanting to communicate to customers that they can count on us,” he said. “Come Monday, that doesn’t just disappear.”\u003c/p>\n\u003cfigure id=\"attachment_12082325\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12082325 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI CEO Sam Altman watches as OpenAI President Greg Brockman testifies in the trial in which Elon Musk claims that Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland, on May 4, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sutskever, who took the stand after Nadella, described Altman’s removal differently. He said it was a “Hail Mary” to save OpenAI, which had become an environment that was “not conducive” to the technology’s safety.\u003c/p>\n\u003cp>“I felt a great deal of ownership of OpenAI,” he said. “I felt like I created this company. I simply cared for it, and I didn’t want it to be destroyed.”\u003c/p>\n\u003cp>Sutskever, who helped lead the ouster, had compiled a more than 50-page record of Altman’s “consistent pattern of lying,” including misrepresenting facts, safety protocols and company information to the board and executives.\u003c/p>\n\u003cp>Sutskever maintained that he had worked on a team that aimed to focus on long-term risks as more powerful AI was built.\u003c/p>\n\u003cp>“The goal of the super alignment is to do the research in advance, such that humanity will have the technological means to make it controlled and safe,” he said.\u003c/p>\n\u003cp>The team was disbanded days after he departed the company, in May 2024.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Microsoft’s CEO and another major player took the stand on Monday in \u003ca href=\"https://www.kqed.org/news/tag/oakland\">Oakland\u003c/a>, testifying in the blockbuster trial between OpenAI co-founders Elon Musk and Sam Altman.\u003c/p>\n\u003cp>Ahead of Altman’s testimony, Musk’s attorney Steven Molo questioned Microsoft CEO Satya Nadella and Ilya Sutskever, a top OpenAI computer scientist who departed the company in 2024. Sutskever discussed his role in orchestrating Altman’s brief ouster in 2023.\u003c/p>\n\u003cp>Over five days in November 2023, Altman was removed and reinstated from his post, after a coalition of board members raised concerns that he had not been “consistently candid in his communications” and cited a breakdown of trust.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Whether Altman and other executives have maintained OpenAI’s initial stated mission — to develop AI safely and for the “benefit of humanity” — is critical to Musk’s suit, which claims that leaders breached their duty to its nonprofit mission by building a for-profit company on top of it. Musk also alleged that the company unfairly benefited at his expense.\u003c/p>\n\u003cp>Musk also alleges that Microsoft, which is OpenAI’s largest financial backer and until this week held the exclusive rights to license and sell its technology, aided and abetted that breach of trust.\u003c/p>\n\u003cp>Molo questioned Nadella about Microsoft’s motive to invest in OpenAI — a $13 billion input that Nadella said is expected to see a return of about $92 billion, “if it works out.”\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12081686 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland, on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Musk’s attorney pointed out Nadella’s fiduciary duty to maximize profit, and referenced a series of texts between him and Altman that appeared to show Nadella pushing for an earlier rollout of the paid version of ChatGPT.\u003c/p>\n\u003cp>“When chatGPT paid?” Nadella wrote in the message.\u003c/p>\n\u003cp>Altman said that there was “Not enough compute to make it a good consumer experience,” to which Nadella said, “The sooner the better.”\u003c/p>\n\u003cp>Nadella said that the reason Microsoft invested was that OpenAI was pursuing a for-profit model, but he said, “If the pie became larger, the nonprofit would benefit as well.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Molo asked Nadella if he was aware that, for a period of time, OpenAI’s nonprofit did not have any employees.\u003c/p>\n\u003cp>“I am not,” Nadella said.\u003c/p>\n\u003cp>Molo also questioned Nadella about Microsoft’s role during Altman’s brief ouster. At the time, Nadella announced that he would hire Altman, along with OpenAI’s third co-founder and current president, Greg Brockman, as well as other allies, to head up a new AI team at Microsoft.\u003c/p>\n\u003cp>Nadella said that he “had ideas about how Sam [Altman] and the other employees could join Microsoft if they were not reinstated.”\u003c/p>\n\u003cp>“If people were going to leave OpenAI, I wanted them to come to Microsoft,” he said.\u003c/p>\n\u003cp>Molo asked Nadella if he knew why Altman had been removed, to which Nadella said he was never given an “explicit answer.”\u003c/p>\n\u003cp>“Did the thought occur to you … the board might issue a public statement about why they fired Altman?” Molo said.\u003c/p>\n\u003cp>Nadella said during that period — referred to as “The Blip” by many OpenAI employees — he was focused on ensuring continuity for customers.\u003c/p>\n\u003cp>“It goes back to me wanting to communicate to customers that they can count on us,” he said. “Come Monday, that doesn’t just disappear.”\u003c/p>\n\u003cfigure id=\"attachment_12082325\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12082325 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/05/260504-MUSK-ALTMAN-VB-03-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI CEO Sam Altman watches as OpenAI President Greg Brockman testifies in the trial in which Elon Musk claims that Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland, on May 4, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sutskever, who took the stand after Nadella, described Altman’s removal differently. He said it was a “Hail Mary” to save OpenAI, which had become an environment that was “not conducive” to the technology’s safety.\u003c/p>\n\u003cp>“I felt a great deal of ownership of OpenAI,” he said. “I felt like I created this company. I simply cared for it, and I didn’t want it to be destroyed.”\u003c/p>\n\u003cp>Sutskever, who helped lead the ouster, had compiled a more than 50-page record of Altman’s “consistent pattern of lying,” including misrepresenting facts, safety protocols and company information to the board and executives.\u003c/p>\n\u003cp>Sutskever maintained that he had worked on a team that aimed to focus on long-term risks as more powerful AI was built.\u003c/p>\n\u003cp>“The goal of the super alignment is to do the research in advance, such that humanity will have the technological means to make it controlled and safe,” he said.\u003c/p>\n\u003cp>The team was disbanded days after he departed the company, in May 2024.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"title": "Inside Elon Musk and Sam Altman's Battle Over OpenAI",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">Jurors and journalists are getting a peek into the world of OpenAI and its founding as two of the richest, most powerful men in tech duke it out in an Oakland federal courthouse. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Elon Musk claims that Sam Altman and other co-founders of OpenAI abandoned their founding promise to develop AI for the benefit of humanity. But does anyone here really have our best interests at heart? KQED’s Rachael Myrow takes us inside.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">How to Unscramble an Omelet in Silicon Valley: The Musk v. Altman Trial That Will Try\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC4004396119\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003ch3>\u003cstrong>Episode Transcript\u003c/strong>\u003c/h3>\n\u003cp>\u003cem>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:00:49] \u003c/em>I’m Ericka Cruz-Gavarra and welcome to The Bay, local news to keep you rooted. Inside a federal courthouse in downtown Oakland, in front of a judge and a jury of their peers, two of the most powerful men in the world are duking it out in court over whether OpenAI, the company behind ChatGPT, was built on a lie. Elon Musk is suing OpenAI and its CEO, Sam Altman. For abandoning their founding promise to develop AI for the benefit of humanity. And whether or not you actually believe any of them really had our best interests in mind, one thing is true, that the battle over who runs AI is all about ego and power.\u003c/p>\n\u003cp>\u003cb>Ashley Ortiz: \u003c/b>\u003cem>[00:01:47] \u003c/em>No matter which side wins, the people are going to lose because they are not doing this actually for the benefit of humanity, it’s not about ethics, this is all about power plays within an unfettered, unregulated AI scheme.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:02:01] \u003c/em>Today, KQED’s Rachael Myrow takes us inside the OpenAI trial.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:02:19] \u003c/em>It seems like you’re in a pretty dynamic scene right now, Rachael. Can you actually tell us where you are?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:02:26] \u003c/em>I’m outside the federal courthouse in Oakland where Musk v. Altman et al. Is playing out.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:02:36] \u003c/em>Rachael Myrow is a senior editor at KQED.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:02:41] \u003c/em>This plaza is right on the street so you hear the chirping every time somebody presses a button to cross the street. You hear garbage trucks rolling past. Inside the courtroom is presided over by Judge Yvonne Gonzalez Rogers and it is packed every single day. Armies of lawyers of course but also journalists from across the country, even a couple from France. And some members of the public. I’d like to call this the hottest theater ticket in Silicon Valley. We got to see Elon Musk spend four days on the witness stand. Sam Altman is sitting just a few feet away in the defense section. These two men genuinely cannot stand each other.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:03:30] \u003c/em>And I understand, Rachel, that there’s not just folks inside of the courtroom for this trial, but also outside protesting as well.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:03:41] \u003c/em>Yes, on the very first day, actually when jury selection was taking place, protesters gathered in large numbers outside the courthouse on the plaza with some very pointed and colorful signs.\u003c/p>\n\u003cp>\u003cb>Valerie Sizemore: \u003c/b>\u003cem>[00:03:57] \u003c/em>I used to be a software engineer, but have been unemployed by AI. So now I’m trying to make the resistance happen.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:04:06] \u003c/em>I talked to one protester, Valerie Sizemore of Berkeley, who kind of represented, I think, a lot of Bayarians.\u003c/p>\n\u003cp>\u003cb>Valerie Sizemore: \u003c/b>\u003cem>[00:04:15] \u003c/em>I’m not here because I care about the outcome of this trial. I really don’t care. I hope it’s really expensive for someone and like hurts both companies as much as possible.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:04:27] \u003c/em>Yeah, and it’s, I guess, two-for-one for her to just be outside the courthouse protesting the both of them.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:04:34] \u003c/em>Exactly.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:04:39] \u003c/em>Well, Rachael, I wanna step back a little bit and talk about this trial and just how we even got here. I mean, remind us who is on trial and what exactly these two are fighting over?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:04:53] \u003c/em>So it’s a little more than two people. Elon Musk is suing Sam Altman and also Greg Brockman, who is OpenAI’s co-founder and president. Musk is sueing OpenAI itself and also Microsoft, which invested $13 billion in OpenAI after Musk left.\u003c/p>\n\u003cp>\u003cb>Interviewer: \u003c/b>\u003cem>[00:05:18] \u003c/em>All right, we’re gonna wrap up the day. I’m gonna do a fireside chat with Sam Altman.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:05:25] \u003c/em>Let’s dial the clock all the way back to 2015. Musk and Altman found OpenAI as a nonprofit explicitly to develop artificial general intelligence safely and for the benefit of all humanity.\u003c/p>\n\u003cp>\u003cb>Sam Altman: \u003c/b>\u003cem>[00:05:44] \u003c/em>You know, I think AI will probably, like most likely, sort of lead to the end of the world, but in the meantime, there will be great companies created with serious machine learning. I actually just agreed to fund a company that is not even really a company, sort of a semi-company, semi-nonprofit, doing AI safety research.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:06:04] \u003c/em>At some point shortly thereafter, it became clear to all parties involved, including Musk, that they needed to establish a for-profit arm as well in order to raise money to pay for things like computing power for this very energy-intensive computer software and also to bring in talent, to bring the best minds of the industry. Musk’s lawsuit is arguing that thereabouts Altman and other co-founders of OpenAI, because there were other people involved, betrayed the mission, that they were actually in it for the profit.\u003c/p>\n\u003cp>\u003cb>Interviewer: \u003c/b>\u003cem>[00:06:45] \u003c/em>Open AI, I mean you seem somewhat frustrated with them. You were one of the big contributors early on?\u003c/p>\n\u003cp>\u003cb>Elon Musk: \u003c/b>\u003cem>[00:06:49] \u003c/em>The reason, I am the reason Open AI exists.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:06:54] \u003c/em>So he wants more than his money back. He wants Altman and OpenAI’s co-founder and president, Greg Brockman, taken off the board. And he wants $130 billion, disgorged by the for-profit and handed over to the non-profit. The word charity, Ericka, doesn’t appear once in OpenAI’s founding blog post, but Musk keeps referring to OpenAI as a charity. But as OpenAI lawyers like to point out, Musk left OpenAI and then he launched his own AI venture, XAI, which is not a nonprofit and arguably does not operate for the benefit of humanity, for which it has been sued repeatedly.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:07:50] \u003c/em>So it sounds like Elon Musk is basically saying they stole his charity, and Sam Altman is saying, ‘You chose to walk away.’\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:08:02] \u003c/em>Yeah. That’s it in a nutshell. There was this funny moment when Musk was on the witness stand. He looked at the jury and he said, quote, it’s not OK to steal a charity. And then he predicted that if Open AI wins this case, the face of charity law in America could be altered forever. At some point, the judge broke in and said, let’s remind the jury, you’re not a lawyer. She’s talking to Musk. And then he replied. I did take Law 101, which got a laugh out of most people in the court.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:08:36] \u003c/em>Geez.\u003c/p>\n\u003cp>\u003cb>\u003c/b>\u003cem>[00:08:39] \u003c/em>Rachael, what do we make of Sam Altman’s role in this? It sounds like Elon Musk is saying that Sam Altman lied to him.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:08:46] \u003c/em>That is a very good question. I need to mention here that we have not seen Sam Altman take the stand in this trial yet. So Altman has not yet had the chance to make his case. Just a few weeks ago, we saw a comprehensive profile of Sam Altman in the New Yorker magazine talking to lots and lots of people that Sam Altmann is an inveterate liar, the kind of person who will tell you what you want to hear and then go back on it. We haven’t had the opportunity yet to really get into what his character was like during the early days of OpenAI, but pretty much everyone in that courtroom has read that article.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:09:47] \u003c/em>Coming up, what the OpenAI trial is really about. Stay with us.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:10:38] \u003c/em>I mean, Rachael, I gotta say, as I’m reading these stories about this case, it really just sounds like a fight between two of some of the richest billionaires in Silicon Valley over this company that they co-founded. But obviously, what’s at the center of it and what is at stake is this very powerful technology that even they seem to acknowledge has the potential to change the world. So what do you think this is really about?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:11:13] \u003c/em>Clearly about power, clearly about money, clearly about market dominance. And I do want to say that even though the judge is saying we are not going to talk about the AI apocalypse, it is something that is genuinely on the minds of all of these people in the industry in Silicon Valley and also the rest of us, right? I mean there are people here who take AI safety seriously. Who also think OpenAI has drifted dangerously from its mission. I mean, we’ve seen bad actors using the software who have upended the labor market, terrified all of us from a cybersecurity perspective, made it impossible to get redress as a customer and sometimes as a citizen, enabled a surveillance state here and abroad. I mean I could go on, Ericka, because It’s 100% clear to us and the people building this software that there’s a race to the bottom going on from a moral perspective.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:12:30] \u003c/em>I do want to ask you this question, Rachel, because Elon Musk is saying in this trial that he is the one standing up for the public on AI. Rachel, is there someone working in the public interest when it comes to AI and holding AI companies accountable?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:12:53] \u003c/em>Well, you know, don’t we wish? He’d like to present himself as thinking pro-human first, but you know, he also created XAI and has reportedly personally directed his engineers to make XAI a manifestly unsafe product. The judge noted the irony out loud. She said to Musk’s attorneys at one point, It is ironic that your client, despite these risks, is creating a company in the exact same space. And then she added, and I just thought this was so remarkable, coming from, again, a sitting federal judge, quote, I suspect there are people who don’t want to put the future in Mr. Musk’s hands, unquote.\u003c/p>\n\u003cp>\u003cb>Jill Horowitz: \u003c/b>\u003cem>[00:13:44] \u003c/em>And in that sense, I don’t understand why Musk is the one who gets to ask that question. Jill Horowitz, who specifically specializes in non-profit law. At Northwestern’s law school put it this way when parties have this much money and this much power they can trample over conventional protections of the public interest\u003c/p>\n\u003cp>\u003cb>Jill Horowitz: \u003c/b>\u003cem>[00:14:07] \u003c/em>We’ve got a CEO who is a very powerful player. And then we have this outside party who’s purported to be thinking about the best interest of the nonprofit, but he’s a competitor.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:14:22] \u003c/em>Congress, you don’t need me to tell you, hasn’t passed any meaningful federal AI regulation. The Trump administration is lobbying alongside the lobbyists for unfettered freedom for the AI industry. And so we end up here, Ericka, in a federal courthouse in Oakland watching two billionaires fight over their recent past. This trial gives us a window into the wheeling and dealing. But it doesn’t give us any power to change the trajectory of AI.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:14:54] \u003c/em>Rachael what happens if if either Elon Musk or Sam Altman wins this trial?\u003c/p>\n\u003cp>\u003cb>\u003c/b>\u003cem>[00:15:01] \u003c/em>So if Musk wins, Judge Gonzalez-Rogers could order OpenAI to revert to a non-profit structure, remove Altman and Brockman, direct some $130 billion in gains back to the non- profit foundation. That would be legally unprecedented and would certainly send shockwaves throughout Silicon Valley. If OpenAI wins, the restructuring stands, the IPO proceeds. And the message to the industry is essentially, you can do this too. You can take a non-profit, make it nominally in charge of a for-profit arm that you build into a trillion-dollar company, and the legal system won’t stop you.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:15:52] \u003c/em>Last question for you, Rachael. For the protesters outside, what do you think they want to see happen? And do you they care here about who wins?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:16:03] \u003c/em>My sense from talking with Ashley Ortiz, who was one of the organizers of the first and biggest protest outside, is that for a lot of the people out here carrying signs and wearing t-shirts that say stop AI, neither Musk nor Altman represents their interests and by extension the public’s interests.\u003c/p>\n\u003cp>\u003cb>Ashley Ortiz: \u003c/b>\u003cem>[00:16:28] \u003c/em>Decision everyone sucks here and y’all both need to take responsibility for your part in this crappy situation.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:16:34] \u003c/em>They want accountability for AI, period. I don’t know if they actually think they’re gonna get what they’re asking for, but they wanna make a noise while they can.\u003c/p>\n\u003cp>\u003cb>Ashley Ortiz: \u003c/b>\u003cem>[00:16:46] \u003c/em>We’re letting them both know that both sides, no matter which side wins, the people are going to lose because they are not doing this actually for the benefit of humanity. It’s not about ethics. This is all about power plays within an unfettered, unregulated AI scape.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:17:06] \u003c/em>These are the models that are changing our world, and they’re doing it now. And regardless of whether OpenAI survives this trial, we’re still gonna have the world that OpenAI helped to create.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:17:28] \u003c/em>Well, Rachael, thank you so much for chatting with me outside the courtroom and for making the time in your busy morning, I appreciate it.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:17:36] \u003c/em>You bet.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Some members of the KQED podcast team are represented by The Screen Actors Guild, American Federation of Television and Radio Artists, San Francisco-Northern California Local.\u003c/span>\u003c/i>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">Jurors and journalists are getting a peek into the world of OpenAI and its founding as two of the richest, most powerful men in tech duke it out in an Oakland federal courthouse. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Elon Musk claims that Sam Altman and other co-founders of OpenAI abandoned their founding promise to develop AI for the benefit of humanity. But does anyone here really have our best interests at heart? KQED’s Rachael Myrow takes us inside.\u003c/span>\u003c/p>\n\u003cp>\u003cstrong>Links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli style=\"list-style-type: none\">\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">How to Unscramble an Omelet in Silicon Valley: The Musk v. Altman Trial That Will Try\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/li>\n\u003c/ul>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC4004396119\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003ch3>\u003cstrong>Episode Transcript\u003c/strong>\u003c/h3>\n\u003cp>\u003cem>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:00:49] \u003c/em>I’m Ericka Cruz-Gavarra and welcome to The Bay, local news to keep you rooted. Inside a federal courthouse in downtown Oakland, in front of a judge and a jury of their peers, two of the most powerful men in the world are duking it out in court over whether OpenAI, the company behind ChatGPT, was built on a lie. Elon Musk is suing OpenAI and its CEO, Sam Altman. For abandoning their founding promise to develop AI for the benefit of humanity. And whether or not you actually believe any of them really had our best interests in mind, one thing is true, that the battle over who runs AI is all about ego and power.\u003c/p>\n\u003cp>\u003cb>Ashley Ortiz: \u003c/b>\u003cem>[00:01:47] \u003c/em>No matter which side wins, the people are going to lose because they are not doing this actually for the benefit of humanity, it’s not about ethics, this is all about power plays within an unfettered, unregulated AI scheme.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:02:01] \u003c/em>Today, KQED’s Rachael Myrow takes us inside the OpenAI trial.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:02:19] \u003c/em>It seems like you’re in a pretty dynamic scene right now, Rachael. Can you actually tell us where you are?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:02:26] \u003c/em>I’m outside the federal courthouse in Oakland where Musk v. Altman et al. Is playing out.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:02:36] \u003c/em>Rachael Myrow is a senior editor at KQED.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:02:41] \u003c/em>This plaza is right on the street so you hear the chirping every time somebody presses a button to cross the street. You hear garbage trucks rolling past. Inside the courtroom is presided over by Judge Yvonne Gonzalez Rogers and it is packed every single day. Armies of lawyers of course but also journalists from across the country, even a couple from France. And some members of the public. I’d like to call this the hottest theater ticket in Silicon Valley. We got to see Elon Musk spend four days on the witness stand. Sam Altman is sitting just a few feet away in the defense section. These two men genuinely cannot stand each other.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:03:30] \u003c/em>And I understand, Rachel, that there’s not just folks inside of the courtroom for this trial, but also outside protesting as well.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:03:41] \u003c/em>Yes, on the very first day, actually when jury selection was taking place, protesters gathered in large numbers outside the courthouse on the plaza with some very pointed and colorful signs.\u003c/p>\n\u003cp>\u003cb>Valerie Sizemore: \u003c/b>\u003cem>[00:03:57] \u003c/em>I used to be a software engineer, but have been unemployed by AI. So now I’m trying to make the resistance happen.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:04:06] \u003c/em>I talked to one protester, Valerie Sizemore of Berkeley, who kind of represented, I think, a lot of Bayarians.\u003c/p>\n\u003cp>\u003cb>Valerie Sizemore: \u003c/b>\u003cem>[00:04:15] \u003c/em>I’m not here because I care about the outcome of this trial. I really don’t care. I hope it’s really expensive for someone and like hurts both companies as much as possible.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:04:27] \u003c/em>Yeah, and it’s, I guess, two-for-one for her to just be outside the courthouse protesting the both of them.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:04:34] \u003c/em>Exactly.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:04:39] \u003c/em>Well, Rachael, I wanna step back a little bit and talk about this trial and just how we even got here. I mean, remind us who is on trial and what exactly these two are fighting over?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:04:53] \u003c/em>So it’s a little more than two people. Elon Musk is suing Sam Altman and also Greg Brockman, who is OpenAI’s co-founder and president. Musk is sueing OpenAI itself and also Microsoft, which invested $13 billion in OpenAI after Musk left.\u003c/p>\n\u003cp>\u003cb>Interviewer: \u003c/b>\u003cem>[00:05:18] \u003c/em>All right, we’re gonna wrap up the day. I’m gonna do a fireside chat with Sam Altman.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:05:25] \u003c/em>Let’s dial the clock all the way back to 2015. Musk and Altman found OpenAI as a nonprofit explicitly to develop artificial general intelligence safely and for the benefit of all humanity.\u003c/p>\n\u003cp>\u003cb>Sam Altman: \u003c/b>\u003cem>[00:05:44] \u003c/em>You know, I think AI will probably, like most likely, sort of lead to the end of the world, but in the meantime, there will be great companies created with serious machine learning. I actually just agreed to fund a company that is not even really a company, sort of a semi-company, semi-nonprofit, doing AI safety research.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:06:04] \u003c/em>At some point shortly thereafter, it became clear to all parties involved, including Musk, that they needed to establish a for-profit arm as well in order to raise money to pay for things like computing power for this very energy-intensive computer software and also to bring in talent, to bring the best minds of the industry. Musk’s lawsuit is arguing that thereabouts Altman and other co-founders of OpenAI, because there were other people involved, betrayed the mission, that they were actually in it for the profit.\u003c/p>\n\u003cp>\u003cb>Interviewer: \u003c/b>\u003cem>[00:06:45] \u003c/em>Open AI, I mean you seem somewhat frustrated with them. You were one of the big contributors early on?\u003c/p>\n\u003cp>\u003cb>Elon Musk: \u003c/b>\u003cem>[00:06:49] \u003c/em>The reason, I am the reason Open AI exists.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:06:54] \u003c/em>So he wants more than his money back. He wants Altman and OpenAI’s co-founder and president, Greg Brockman, taken off the board. And he wants $130 billion, disgorged by the for-profit and handed over to the non-profit. The word charity, Ericka, doesn’t appear once in OpenAI’s founding blog post, but Musk keeps referring to OpenAI as a charity. But as OpenAI lawyers like to point out, Musk left OpenAI and then he launched his own AI venture, XAI, which is not a nonprofit and arguably does not operate for the benefit of humanity, for which it has been sued repeatedly.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:07:50] \u003c/em>So it sounds like Elon Musk is basically saying they stole his charity, and Sam Altman is saying, ‘You chose to walk away.’\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:08:02] \u003c/em>Yeah. That’s it in a nutshell. There was this funny moment when Musk was on the witness stand. He looked at the jury and he said, quote, it’s not OK to steal a charity. And then he predicted that if Open AI wins this case, the face of charity law in America could be altered forever. At some point, the judge broke in and said, let’s remind the jury, you’re not a lawyer. She’s talking to Musk. And then he replied. I did take Law 101, which got a laugh out of most people in the court.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:08:36] \u003c/em>Geez.\u003c/p>\n\u003cp>\u003cb>\u003c/b>\u003cem>[00:08:39] \u003c/em>Rachael, what do we make of Sam Altman’s role in this? It sounds like Elon Musk is saying that Sam Altman lied to him.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:08:46] \u003c/em>That is a very good question. I need to mention here that we have not seen Sam Altman take the stand in this trial yet. So Altman has not yet had the chance to make his case. Just a few weeks ago, we saw a comprehensive profile of Sam Altman in the New Yorker magazine talking to lots and lots of people that Sam Altmann is an inveterate liar, the kind of person who will tell you what you want to hear and then go back on it. We haven’t had the opportunity yet to really get into what his character was like during the early days of OpenAI, but pretty much everyone in that courtroom has read that article.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:09:47] \u003c/em>Coming up, what the OpenAI trial is really about. Stay with us.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:10:38] \u003c/em>I mean, Rachael, I gotta say, as I’m reading these stories about this case, it really just sounds like a fight between two of some of the richest billionaires in Silicon Valley over this company that they co-founded. But obviously, what’s at the center of it and what is at stake is this very powerful technology that even they seem to acknowledge has the potential to change the world. So what do you think this is really about?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:11:13] \u003c/em>Clearly about power, clearly about money, clearly about market dominance. And I do want to say that even though the judge is saying we are not going to talk about the AI apocalypse, it is something that is genuinely on the minds of all of these people in the industry in Silicon Valley and also the rest of us, right? I mean there are people here who take AI safety seriously. Who also think OpenAI has drifted dangerously from its mission. I mean, we’ve seen bad actors using the software who have upended the labor market, terrified all of us from a cybersecurity perspective, made it impossible to get redress as a customer and sometimes as a citizen, enabled a surveillance state here and abroad. I mean I could go on, Ericka, because It’s 100% clear to us and the people building this software that there’s a race to the bottom going on from a moral perspective.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:12:30] \u003c/em>I do want to ask you this question, Rachel, because Elon Musk is saying in this trial that he is the one standing up for the public on AI. Rachel, is there someone working in the public interest when it comes to AI and holding AI companies accountable?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:12:53] \u003c/em>Well, you know, don’t we wish? He’d like to present himself as thinking pro-human first, but you know, he also created XAI and has reportedly personally directed his engineers to make XAI a manifestly unsafe product. The judge noted the irony out loud. She said to Musk’s attorneys at one point, It is ironic that your client, despite these risks, is creating a company in the exact same space. And then she added, and I just thought this was so remarkable, coming from, again, a sitting federal judge, quote, I suspect there are people who don’t want to put the future in Mr. Musk’s hands, unquote.\u003c/p>\n\u003cp>\u003cb>Jill Horowitz: \u003c/b>\u003cem>[00:13:44] \u003c/em>And in that sense, I don’t understand why Musk is the one who gets to ask that question. Jill Horowitz, who specifically specializes in non-profit law. At Northwestern’s law school put it this way when parties have this much money and this much power they can trample over conventional protections of the public interest\u003c/p>\n\u003cp>\u003cb>Jill Horowitz: \u003c/b>\u003cem>[00:14:07] \u003c/em>We’ve got a CEO who is a very powerful player. And then we have this outside party who’s purported to be thinking about the best interest of the nonprofit, but he’s a competitor.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:14:22] \u003c/em>Congress, you don’t need me to tell you, hasn’t passed any meaningful federal AI regulation. The Trump administration is lobbying alongside the lobbyists for unfettered freedom for the AI industry. And so we end up here, Ericka, in a federal courthouse in Oakland watching two billionaires fight over their recent past. This trial gives us a window into the wheeling and dealing. But it doesn’t give us any power to change the trajectory of AI.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:14:54] \u003c/em>Rachael what happens if if either Elon Musk or Sam Altman wins this trial?\u003c/p>\n\u003cp>\u003cb>\u003c/b>\u003cem>[00:15:01] \u003c/em>So if Musk wins, Judge Gonzalez-Rogers could order OpenAI to revert to a non-profit structure, remove Altman and Brockman, direct some $130 billion in gains back to the non- profit foundation. That would be legally unprecedented and would certainly send shockwaves throughout Silicon Valley. If OpenAI wins, the restructuring stands, the IPO proceeds. And the message to the industry is essentially, you can do this too. You can take a non-profit, make it nominally in charge of a for-profit arm that you build into a trillion-dollar company, and the legal system won’t stop you.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:15:52] \u003c/em>Last question for you, Rachael. For the protesters outside, what do you think they want to see happen? And do you they care here about who wins?\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:16:03] \u003c/em>My sense from talking with Ashley Ortiz, who was one of the organizers of the first and biggest protest outside, is that for a lot of the people out here carrying signs and wearing t-shirts that say stop AI, neither Musk nor Altman represents their interests and by extension the public’s interests.\u003c/p>\n\u003cp>\u003cb>Ashley Ortiz: \u003c/b>\u003cem>[00:16:28] \u003c/em>Decision everyone sucks here and y’all both need to take responsibility for your part in this crappy situation.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:16:34] \u003c/em>They want accountability for AI, period. I don’t know if they actually think they’re gonna get what they’re asking for, but they wanna make a noise while they can.\u003c/p>\n\u003cp>\u003cb>Ashley Ortiz: \u003c/b>\u003cem>[00:16:46] \u003c/em>We’re letting them both know that both sides, no matter which side wins, the people are going to lose because they are not doing this actually for the benefit of humanity. It’s not about ethics. This is all about power plays within an unfettered, unregulated AI scape.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:17:06] \u003c/em>These are the models that are changing our world, and they’re doing it now. And regardless of whether OpenAI survives this trial, we’re still gonna have the world that OpenAI helped to create.\u003c/p>\n\u003cp>\u003cb>Ericka Cruz Guevarra: \u003c/b>\u003cem>[00:17:28] \u003c/em>Well, Rachael, thank you so much for chatting with me outside the courtroom and for making the time in your busy morning, I appreciate it.\u003c/p>\n\u003cp>\u003cb>Rachael Myrow: \u003c/b>\u003cem>[00:17:36] \u003c/em>You bet.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Are Elon Musk and OpenAI Fighting an AI Arms Race? Sam Altman’s Lawyers Think So",
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"content": "\u003cp>As Elon Musk’s dayslong testimony in his \u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">case against OpenAI co-founder Sam Altman\u003c/a> came to a close Thursday, defense attorneys aimed to paint the world’s richest man as intent on dominating artificial intelligence — not on protecting the world from it.\u003c/p>\n\u003cp>Under cross-examination in an Oakland court, attorneys for Altman and Microsoft, the company’s largest financial backer and which until this week held the exclusive rights to license and sell its technology, held Musk’s feet to the fire about a number of business moves he’s made — both within and outside of OpenAI — that might give jurors pause about whether he operated so differently from his former colleagues in the race to dominate the field.\u003c/p>\n\u003cp>During hours of testimony, Musk has told the court that he cofounded the nonprofit OpenAI with Altman and OpenAI President Greg Brockman\u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\"> in 2015 altruistically\u003c/a>, fearing the dangers of AI and wanting to ensure that the technology was developed in a safe and open-source way. He brought the suit, he said, after deciding that his co-founders \u003ca href=\"https://www.kqed.org/news/12081798/elon-musk-says-sam-altman-tricked-him-into-funding-openai\">had betrayed that intention\u003c/a> — expanding the company into a tech behemoth valued at $852 billion today.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Microsoft attorney Russell Cohen seemed to point to a different motivation: a desire to beat OpenAI and win the AI race.\u003c/p>\n\u003cp>“You didn’t sue Microsoft [and OpenAI] until November 2024, correct?” Cohen said.\u003c/p>\n\u003cp>“Yes,” Musk said.\u003c/p>\n\u003cp>“And that is after you formed your own AI company, xAI, correct?” Cohen said.\u003c/p>\n\u003cp>“Yes,” Musk said.\u003c/p>\n\u003cfigure id=\"attachment_12081637\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081637\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI’s lead counsel William Savitt presents opening statements in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The questions came after William Savitt, Altman’s attorney, directed the jury’s attention to a bombshell message Musk sent to Mark Zuckerberg in February 2025, asking whether the Meta CEO would be “open to the idea of bidding on the OpenAI IP,” or intellectual property, with Musk and others.\u003c/p>\n\u003cp>The jury also learned that xAI had partially “distilled,” that is, derived technology from OpenAI’s own models, which violates OpenAI’s terms of service.\u003c/p>\n\u003cp>The pointed inquiries on Thursday came after Musk’s testimony started to bring the events of how OpenAI launched its first for-profit subsidiary into focus. In 2017, executives including Altman, Musk, Brockman and Ilya Sutskever, a top computer scientist at the company since its founding, launched discussions about creating a for-profit subsidiary.\u003c/p>\n\u003cp>It would be, they said, a way to bring in additional funding and keep at the cutting edge of a growing field of competitors as they started pursuing artificial general intelligence — commonly referred to as AGI — a futuristic superintelligent AI technology.[aside postID=news_12081798 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1.jpg']Altman’s defense has alleged that throughout that process, Musk attempted to “wrest control” of the company twice, first insisting that he hold a majority equity stake in any for-profit entity, control its board of directors and serve as CEO, and later, that OpenAI be folded into Tesla, where he already serves as CEO.\u003c/p>\n\u003cp>Savitt said Musk began withholding $5 million quarterly fund contributions to put pressure on the company to grant his requests, and after those attempts failed, he left the company.\u003c/p>\n\u003cp>Savitt also accused Musk of poaching OpenAI employees as Musk exited in early 2018, including founding member Andrej Karpathy, for Tesla.\u003c/p>\n\u003cp>Musk said multiple times that Tesla is not pursuing AGI. But in March, Musk \u003ca href=\"https://x.com/elonmusk/status/2029123591871308272?lang=en\">wrote on the social media platform X\u003c/a> that “Tesla will be one of the companies to make AGI and probably the first to make it in humanoid/atom-shaping form.”\u003c/p>\n\u003cp>Separately, he formed xAI in 2023, which he said is pursuing AGI.\u003c/p>\n\u003cp>He’s downplayed its competitiveness with OpenAI, though, testifying that it has just a couple hundred employees and a “small market share.”\u003c/p>\n\u003cp>“I would say technically competitive, but much smaller than OpenAI,” Musk said Tuesday.\u003c/p>\n\u003cfigure id=\"attachment_10734536\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-10734536\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell.jpg\" alt='Stuart Russell, UC Berkeley computer science professor and co-author of the standard textbook \"Artificial Intelligence: a Modern Approach.\"' width=\"1920\" height=\"1320\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-400x275.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-800x550.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-1440x990.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-1180x811.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-960x660.jpg 960w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Stuart Russell, UC Berkeley computer science professor and co-author of the standard textbook “Artificial Intelligence: A Modern Approach.” \u003ccite>(Juan Mabromata/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The three days of Musk’s testimony got testy at times, particularly during Savitt’s cross-examination on Wednesday afternoon, when Savitt and U.S. District Judge Yvonne Gonzalez Rogers asked Musk repeatedly to answer the questions he was asked. Musk accused Savitt of intentionally misleading him.\u003c/p>\n\u003cp>But the most heated moment thus far might have come before the jury was called to the courtroom on Thursday morning, during a discussion about what AI safety expert Stuart Russell, who is taking the stand this afternoon, will be willing to testify to.\u003c/p>\n\u003cp>Musk’s attorney argued he should be allowed to speak about the climate risk associated with AI, saying: “We could all die.”\u003c/p>\n\u003cp>“It is also ironic that your client, despite these risks, is creating a company in the exact space,” Gonzalez Rogers said. “I suspect that there are people who don’t want to put the future in Mr. Musk’s hands.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"excerpt": "The Tesla CEO said OpenAI betrayed its original mission as a nonprofit. But defense attorneys representing Altman and Microsoft used social media and email evidence to question Musk's own motives for getting involved. ",
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"title": "Are Elon Musk and OpenAI Fighting an AI Arms Race? Sam Altman’s Lawyers Think So | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>As Elon Musk’s dayslong testimony in his \u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">case against OpenAI co-founder Sam Altman\u003c/a> came to a close Thursday, defense attorneys aimed to paint the world’s richest man as intent on dominating artificial intelligence — not on protecting the world from it.\u003c/p>\n\u003cp>Under cross-examination in an Oakland court, attorneys for Altman and Microsoft, the company’s largest financial backer and which until this week held the exclusive rights to license and sell its technology, held Musk’s feet to the fire about a number of business moves he’s made — both within and outside of OpenAI — that might give jurors pause about whether he operated so differently from his former colleagues in the race to dominate the field.\u003c/p>\n\u003cp>During hours of testimony, Musk has told the court that he cofounded the nonprofit OpenAI with Altman and OpenAI President Greg Brockman\u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\"> in 2015 altruistically\u003c/a>, fearing the dangers of AI and wanting to ensure that the technology was developed in a safe and open-source way. He brought the suit, he said, after deciding that his co-founders \u003ca href=\"https://www.kqed.org/news/12081798/elon-musk-says-sam-altman-tricked-him-into-funding-openai\">had betrayed that intention\u003c/a> — expanding the company into a tech behemoth valued at $852 billion today.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Microsoft attorney Russell Cohen seemed to point to a different motivation: a desire to beat OpenAI and win the AI race.\u003c/p>\n\u003cp>“You didn’t sue Microsoft [and OpenAI] until November 2024, correct?” Cohen said.\u003c/p>\n\u003cp>“Yes,” Musk said.\u003c/p>\n\u003cp>“And that is after you formed your own AI company, xAI, correct?” Cohen said.\u003c/p>\n\u003cp>“Yes,” Musk said.\u003c/p>\n\u003cfigure id=\"attachment_12081637\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081637\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI’s lead counsel William Savitt presents opening statements in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The questions came after William Savitt, Altman’s attorney, directed the jury’s attention to a bombshell message Musk sent to Mark Zuckerberg in February 2025, asking whether the Meta CEO would be “open to the idea of bidding on the OpenAI IP,” or intellectual property, with Musk and others.\u003c/p>\n\u003cp>The jury also learned that xAI had partially “distilled,” that is, derived technology from OpenAI’s own models, which violates OpenAI’s terms of service.\u003c/p>\n\u003cp>The pointed inquiries on Thursday came after Musk’s testimony started to bring the events of how OpenAI launched its first for-profit subsidiary into focus. In 2017, executives including Altman, Musk, Brockman and Ilya Sutskever, a top computer scientist at the company since its founding, launched discussions about creating a for-profit subsidiary.\u003c/p>\n\u003cp>It would be, they said, a way to bring in additional funding and keep at the cutting edge of a growing field of competitors as they started pursuing artificial general intelligence — commonly referred to as AGI — a futuristic superintelligent AI technology.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Altman’s defense has alleged that throughout that process, Musk attempted to “wrest control” of the company twice, first insisting that he hold a majority equity stake in any for-profit entity, control its board of directors and serve as CEO, and later, that OpenAI be folded into Tesla, where he already serves as CEO.\u003c/p>\n\u003cp>Savitt said Musk began withholding $5 million quarterly fund contributions to put pressure on the company to grant his requests, and after those attempts failed, he left the company.\u003c/p>\n\u003cp>Savitt also accused Musk of poaching OpenAI employees as Musk exited in early 2018, including founding member Andrej Karpathy, for Tesla.\u003c/p>\n\u003cp>Musk said multiple times that Tesla is not pursuing AGI. But in March, Musk \u003ca href=\"https://x.com/elonmusk/status/2029123591871308272?lang=en\">wrote on the social media platform X\u003c/a> that “Tesla will be one of the companies to make AGI and probably the first to make it in humanoid/atom-shaping form.”\u003c/p>\n\u003cp>Separately, he formed xAI in 2023, which he said is pursuing AGI.\u003c/p>\n\u003cp>He’s downplayed its competitiveness with OpenAI, though, testifying that it has just a couple hundred employees and a “small market share.”\u003c/p>\n\u003cp>“I would say technically competitive, but much smaller than OpenAI,” Musk said Tuesday.\u003c/p>\n\u003cfigure id=\"attachment_10734536\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-10734536\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell.jpg\" alt='Stuart Russell, UC Berkeley computer science professor and co-author of the standard textbook \"Artificial Intelligence: a Modern Approach.\"' width=\"1920\" height=\"1320\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-400x275.jpg 400w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-800x550.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-1440x990.jpg 1440w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-1180x811.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2015/10/StuartRussell-960x660.jpg 960w\" sizes=\"auto, (max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Stuart Russell, UC Berkeley computer science professor and co-author of the standard textbook “Artificial Intelligence: A Modern Approach.” \u003ccite>(Juan Mabromata/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The three days of Musk’s testimony got testy at times, particularly during Savitt’s cross-examination on Wednesday afternoon, when Savitt and U.S. District Judge Yvonne Gonzalez Rogers asked Musk repeatedly to answer the questions he was asked. Musk accused Savitt of intentionally misleading him.\u003c/p>\n\u003cp>But the most heated moment thus far might have come before the jury was called to the courtroom on Thursday morning, during a discussion about what AI safety expert Stuart Russell, who is taking the stand this afternoon, will be willing to testify to.\u003c/p>\n\u003cp>Musk’s attorney argued he should be allowed to speak about the climate risk associated with AI, saying: “We could all die.”\u003c/p>\n\u003cp>“It is also ironic that your client, despite these risks, is creating a company in the exact space,” Gonzalez Rogers said. “I suspect that there are people who don’t want to put the future in Mr. Musk’s hands.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "elon-musk-says-sam-altman-tricked-him-into-funding-openai",
"title": "Elon Musk Says Sam Altman Tricked Him Into Funding OpenAI",
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"content": "\u003cp>During the second day of the \u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\">landmark trial between Sam Altman and Elon Musk\u003c/a>, the Tesla founder told the Oakland courthouse that he was a “fool” to fund OpenAI through its early years.\u003c/p>\n\u003cp>Testifying in the lawsuit he brought against Altman, which claims the company’s creators betrayed their mission for profits, Musk suggested Wednesday that Altman and cofounder Greg Brockman wanted to “have your cake and eat it too.”\u003c/p>\n\u003cp>“If you go nonprofit, you’ve got a sort of moral high ground,” he testified.\u003c/p>\n\u003cp>Musk’s testimony tells one version of founding OpenAI: that he, fearing the dangers of artificial intelligence, pursued its development with the goal of benefiting the common good, alongside, he thought, like-minded collaborators. But behind the scenes, those cofounders engaged in a “long con” to profit at his expense.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“What they really wanted was a for-profit, where they could make as much money as possible,” Musk said later.\u003c/p>\n\u003cp>Whether the jury believes him will be integral to the decision they’re tasked with making, as they determine whether OpenAI breached charitable trust and engaged in unjust enrichment as it evolved from a nonprofit organization to its current $730 billion iteration.\u003c/p>\n\u003cp>Under cross-examination, Altman’s attorney, William Savitt, questioned Musk’s story and credibility as an altruistic benefactor. He pointed to an email Musk sent to Altman in 2015, which said it would be “probably better” if OpenAI operated as a for-profit company with a parallel nonprofit.\u003c/p>\n\u003cfigure id=\"attachment_12081637\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081637\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI’s lead counsel, William Savitt, presents opening statements in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In another email sent to colleagues at his neurotechnology company, Neuralink, Musk said that Google’s AI development was moving very fast, and that he was concerned OpenAI was not on the path to catch up.\u003c/p>\n\u003cp>“Setting it up as a nonprofit might, in hindsight, have been the wrong move,” Musk wrote. “Sense of urgency is not as high.”\u003c/p>\n\u003cp>Savitt asked if, in 2017, Musk suggested at a party that OpenAI should create a for-profit. He said it was just after the company’s AI model had beaten \u003cem>Defense of the Ancients, \u003c/em>a battle video game, which was a pivotal moment in the development process.\u003c/p>\n\u003cp>Musk said he didn’t remember giving instructions to create a for-profit at the time.\u003c/p>\n\u003cp>“This was nine years ago,” he said.[aside postID=news_12081603 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-02-KQED.jpg']Savitt said Tuesday that in 2017, OpenAI executives, including Musk, were in the midst of conversations about whether and how to transition the company to a for-profit structure.\u003c/p>\n\u003cp>According to OpenAI’s court filings, as early as summer 2017, Musk had insisted on holding a majority equity stake in any for-profit entity, serving as CEO and controlling its board of directors.\u003c/p>\n\u003cp>Pressed by Savitt about what Musk meant by “expressing what you said about control,” the Tesla founder and billionaire said: “I try to be as literal as possible.”\u003c/p>\n\u003cp>In the fall of 2017, Brockman and Ilya Sutskever, another top OpenAI executive, emailed Musk with concerns about the for-profit structure he proposed. Shortly thereafter, discussions over the structure collapsed, and Musk stopped making significant quarterly funding contributions, OpenAI alleges.\u003c/p>\n\u003cp>He left the company less than six months later.\u003c/p>\n\u003cp>Savitt framed the breakdown and Musk’s exit as a result of his not getting control of the for-profit, and the other executives’ focus on maintaining its philanthropic mission. He suggested that Musk tried to pressure them to accept his terms by pausing the majority of his financial backing.\u003c/p>\n\u003cp>“You knew that would create financial pressure for the organization,” Savitt said.\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081686\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Musk denied that was his intention. Instead, he alleged that Altman convinced Brockman and the others to go against his proposal, and that their concern over his desire for control was disingenuous.\u003c/p>\n\u003cp>“I’m not going to fund something if I don’t have confidence in the people,” he said.\u003c/p>\n\u003cp>When asked whether he proposed that OpenAI be folded into Tesla, Musk said: “There were a lot of ideas that were brainstormed at the time.”\u003c/p>\n\u003cp>In an email, he wrote that doing so would be the “only path that could even hope to hold a candle to Google.”\u003c/p>\n\u003cp>Musk said he left OpenAI in February 2018 because he was focused on Tesla’s survival, and believed that OpenAI intended to continue operating as a nonprofit.\u003c/p>\n\u003cp>Savitt also laid out a series of exchanges between Musk and Altman, in which the OpenAI CEO kept him apprised of the company’s corporate structure. He said in March 2018, Musk responded to an email that noted the creation of a for-profit entity of OpenAI with “OK by me,” and was sent a term sheet for OpenAI LP that summer.[aside postID=news_12081290 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260422-ALTMANMUSK-MD-01-KQED.jpg']Savitt also said Altman emailed Musk a draft of the company’s public announcement of its for-profit arm in March 2019, and texted him asking if he had time to talk about Microsoft’s plan to invest in OpenAI. Musk never responded to that text, according to Savitt.\u003c/p>\n\u003cp>Musk said he was busy with his other companies in 2018, and while he was aware that it had added a for-profit entity, he hadn’t lost complete faith in the company. While he’d suspended quarterly $5 million funding contributions prior to his departure, he continued to make some contributions until 2020.\u003c/p>\n\u003cp>He said that he’d gone from enthusiastically supportive to uncertain about OpenAI’s mission, but that he’d fully suspended his contributions when he felt that the company was “deliberately not a nonprofit.”\u003c/p>\n\u003cp>When asked why he waited until 2024 to bring the suit, Musk said that’s when he determined OpenAI breached charitable trust.\u003c/p>\n\u003cp>“Thinking that someone might steal your car is not the same as [if] someone has stolen your car,” Musk said. He said after enlisting his attorney, Alex Spiro, to investigate, he heard from him in 2023 that “the car had been stolen.”\u003c/p>\n\u003cp>“I would have sued sooner if I thought the charity had been stolen sooner,” Musk continued.\u003c/p>\n\u003cp>The trial and Musk’s testimony are expected to continue on Thursday.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>During the second day of the \u003ca href=\"https://www.kqed.org/news/12081603/elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity\">landmark trial between Sam Altman and Elon Musk\u003c/a>, the Tesla founder told the Oakland courthouse that he was a “fool” to fund OpenAI through its early years.\u003c/p>\n\u003cp>Testifying in the lawsuit he brought against Altman, which claims the company’s creators betrayed their mission for profits, Musk suggested Wednesday that Altman and cofounder Greg Brockman wanted to “have your cake and eat it too.”\u003c/p>\n\u003cp>“If you go nonprofit, you’ve got a sort of moral high ground,” he testified.\u003c/p>\n\u003cp>Musk’s testimony tells one version of founding OpenAI: that he, fearing the dangers of artificial intelligence, pursued its development with the goal of benefiting the common good, alongside, he thought, like-minded collaborators. But behind the scenes, those cofounders engaged in a “long con” to profit at his expense.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“What they really wanted was a for-profit, where they could make as much money as possible,” Musk said later.\u003c/p>\n\u003cp>Whether the jury believes him will be integral to the decision they’re tasked with making, as they determine whether OpenAI breached charitable trust and engaged in unjust enrichment as it evolved from a nonprofit organization to its current $730 billion iteration.\u003c/p>\n\u003cp>Under cross-examination, Altman’s attorney, William Savitt, questioned Musk’s story and credibility as an altruistic benefactor. He pointed to an email Musk sent to Altman in 2015, which said it would be “probably better” if OpenAI operated as a for-profit company with a parallel nonprofit.\u003c/p>\n\u003cfigure id=\"attachment_12081637\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081637\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-01-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">OpenAI’s lead counsel, William Savitt, presents opening statements in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In another email sent to colleagues at his neurotechnology company, Neuralink, Musk said that Google’s AI development was moving very fast, and that he was concerned OpenAI was not on the path to catch up.\u003c/p>\n\u003cp>“Setting it up as a nonprofit might, in hindsight, have been the wrong move,” Musk wrote. “Sense of urgency is not as high.”\u003c/p>\n\u003cp>Savitt asked if, in 2017, Musk suggested at a party that OpenAI should create a for-profit. He said it was just after the company’s AI model had beaten \u003cem>Defense of the Ancients, \u003c/em>a battle video game, which was a pivotal moment in the development process.\u003c/p>\n\u003cp>Musk said he didn’t remember giving instructions to create a for-profit at the time.\u003c/p>\n\u003cp>“This was nine years ago,” he said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Savitt said Tuesday that in 2017, OpenAI executives, including Musk, were in the midst of conversations about whether and how to transition the company to a for-profit structure.\u003c/p>\n\u003cp>According to OpenAI’s court filings, as early as summer 2017, Musk had insisted on holding a majority equity stake in any for-profit entity, serving as CEO and controlling its board of directors.\u003c/p>\n\u003cp>Pressed by Savitt about what Musk meant by “expressing what you said about control,” the Tesla founder and billionaire said: “I try to be as literal as possible.”\u003c/p>\n\u003cp>In the fall of 2017, Brockman and Ilya Sutskever, another top OpenAI executive, emailed Musk with concerns about the for-profit structure he proposed. Shortly thereafter, discussions over the structure collapsed, and Musk stopped making significant quarterly funding contributions, OpenAI alleges.\u003c/p>\n\u003cp>He left the company less than six months later.\u003c/p>\n\u003cp>Savitt framed the breakdown and Musk’s exit as a result of his not getting control of the for-profit, and the other executives’ focus on maintaining its philanthropic mission. He suggested that Musk tried to pressure them to accept his terms by pausing the majority of his financial backing.\u003c/p>\n\u003cp>“You knew that would create financial pressure for the organization,” Savitt said.\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081686\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Musk denied that was his intention. Instead, he alleged that Altman convinced Brockman and the others to go against his proposal, and that their concern over his desire for control was disingenuous.\u003c/p>\n\u003cp>“I’m not going to fund something if I don’t have confidence in the people,” he said.\u003c/p>\n\u003cp>When asked whether he proposed that OpenAI be folded into Tesla, Musk said: “There were a lot of ideas that were brainstormed at the time.”\u003c/p>\n\u003cp>In an email, he wrote that doing so would be the “only path that could even hope to hold a candle to Google.”\u003c/p>\n\u003cp>Musk said he left OpenAI in February 2018 because he was focused on Tesla’s survival, and believed that OpenAI intended to continue operating as a nonprofit.\u003c/p>\n\u003cp>Savitt also laid out a series of exchanges between Musk and Altman, in which the OpenAI CEO kept him apprised of the company’s corporate structure. He said in March 2018, Musk responded to an email that noted the creation of a for-profit entity of OpenAI with “OK by me,” and was sent a term sheet for OpenAI LP that summer.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Savitt also said Altman emailed Musk a draft of the company’s public announcement of its for-profit arm in March 2019, and texted him asking if he had time to talk about Microsoft’s plan to invest in OpenAI. Musk never responded to that text, according to Savitt.\u003c/p>\n\u003cp>Musk said he was busy with his other companies in 2018, and while he was aware that it had added a for-profit entity, he hadn’t lost complete faith in the company. While he’d suspended quarterly $5 million funding contributions prior to his departure, he continued to make some contributions until 2020.\u003c/p>\n\u003cp>He said that he’d gone from enthusiastically supportive to uncertain about OpenAI’s mission, but that he’d fully suspended his contributions when he felt that the company was “deliberately not a nonprofit.”\u003c/p>\n\u003cp>When asked why he waited until 2024 to bring the suit, Musk said that’s when he determined OpenAI breached charitable trust.\u003c/p>\n\u003cp>“Thinking that someone might steal your car is not the same as [if] someone has stolen your car,” Musk said. He said after enlisting his attorney, Alex Spiro, to investigate, he heard from him in 2023 that “the car had been stolen.”\u003c/p>\n\u003cp>“I would have sued sooner if I thought the charity had been stolen sooner,” Musk continued.\u003c/p>\n\u003cp>The trial and Musk’s testimony are expected to continue on Thursday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "elon-musk-takes-aim-at-openai-as-trial-begins-its-not-ok-to-steal-a-charity",
"title": "Elon Musk Takes Aim at OpenAI as Trial Begins: ‘It’s Not OK to Steal a Charity’",
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"headTitle": "Elon Musk Takes Aim at OpenAI as Trial Begins: ‘It’s Not OK to Steal a Charity’ | KQED",
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"content": "\u003cp>In a federal courtroom in Oakland on Tuesday, attorneys for tech elites Sam Altman and Elon Musk set the stage for a \u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">landmark case to determine whether OpenAI\u003c/a>, one of the most powerful artificial intelligence companies in the world, was founded on a lie.\u003c/p>\n\u003cp>At issue is whether the company’s stated mission — to lead AI development to benefit the common good — was authentic or a deceptive pitch designed to attract talent and investment. \u003ca href=\"https://www.kqed.org/forum/2010101912956/its-elon-musks-world-were-just-living-in-it\">Musk\u003c/a> alleges that co-founders Altman and Greg Brockman, who remains Altman’s second-in-command, participated in a “long con” to enrich themselves at his expense, after the three co-founded OpenAI as a nonprofit in 2015.\u003c/p>\n\u003cp>“They’re going to make this lawsuit very complicated, but it’s very simple,” Musk said of OpenAI on the stand on Tuesday afternoon. “It’s not OK to steal a charity.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He departed the company after a falling out and \u003ca href=\"https://www.courtlistener.com/docket/69013420/musk-v-altman/\">sued the company\u003c/a> in 2024, alleging that OpenAI had breached charitable trust by restructuring as a for-profit company, now valued at more than $800 billion.\u003c/p>\n\u003cp>But Altman’s attorneys called the Tesla CEO’s behavior “a tale of two Musks,” shifting from pushing for OpenAI to become a for-profit company under his control, to caring about its nonprofit status only after launching competitor xAI in 2023. They argue OpenAI’s decision to adopt a for-profit structure was integral to its survival.\u003c/p>\n\u003cp>“We’re here because Mr. Musk didn’t get his way,” William Savitt, Altman’s lead attorney, said Tuesday. “And because he’s a competitor, he’ll do anything he can to attack OpenAI.”\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081686\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Steven Molo, Musk’s counsel, told the jury that when Musk, Altman and Brockman set out to found an AI nonprofit, their goals were to develop the technology safely and for the \u003ca href=\"https://www.kqed.org/news/12034916/about-benefiting-humanity-calls-grow-for-openai-to-make-good-on-its-promises\">benefit of humanity\u003c/a>.\u003c/p>\n\u003cp>“It wasn’t a technology to get rich,” he said.\u003c/p>\n\u003cp>After operating as a strict nonprofit for years, OpenAI added a for-profit arm in 2019, which executives said was necessary to obtain the funding needed to develop artificial general intelligence — a more advanced AI technology that surpasses human intelligence, according to court filings.\u003c/p>\n\u003cp>In early conversations about how the for-profit entity would work, Molo said, the structure was likened to a museum gift shop whose revenue funds the institution’s galleries and operations. Brockman and Altman reassured Musk that they were still committed to the nonprofit structure, he said.\u003c/p>\n\u003cp>But behind the scenes, Molo alleges that the other co-founders had more lucrative desires.[aside postID=news_12081290 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260422-ALTMANMUSK-MD-01-KQED.jpg']In court filings, he cited a journal in which Brockman wrote that “it would be nice to be making the billions … we’ve been thinking that maybe we should just flip to a for-profit. making the money for us sounds great and all.”\u003c/p>\n\u003cp>Brockman also wrote that he and another top OpenAI executive, Ilya Sutskever, “cannot say that we are committed to the non-profit. don’t wanna say that we’re committed. If three months later we’re doing B-Corp [a certification for for-profit corporations with social and environmental missions], then it was a lie.”\u003c/p>\n\u003cp>Years later, after Musk had departed OpenAI, the company was “no longer operating for the good of humanity,” Molo said.\u003c/p>\n\u003cp>“The museum store sold the Picassos,” he said.\u003c/p>\n\u003cp>Musk’s lawsuit claims OpenAI breached charitable trust and alleges unjust enrichment, which means that one party unfairly benefits at the expense of another. He also accuses Microsoft, which is the company’s largest financial backer and until this week held the exclusive rights to license and sell its technology, of aiding and abetting OpenAI’s breach of charitable trust.\u003c/p>\n\u003cp>OpenAI’s defense, meanwhile, alleges that Musk’s suit is less motivated by a desire to do good than it is by vengeance for his former colleagues, whose company is now eyeing an initial public offering valued at up to $1 trillion.\u003c/p>\n\u003cp>“Musk sat on his claims for years,” Savitt said. “He knew everything that was happening when it was happening. My clients had the nerve to go out and succeed without him.”\u003c/p>\n\u003cp>He also pointed out that Musk launched xAI a year before bringing the lawsuit, which would make OpenAI his competitor.\u003c/p>\n\u003cfigure id=\"attachment_12081681\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081681\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Representing Microsoft, Russell Coan (left) speaks as Elon Musk watches in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Savitt pointed to moments early in OpenAI’s development, when Musk suggested that it would be “probably better” for the company to operate as a “standard C corp[oration] with a parallel nonprofit.” He initially promised to cover the balance of the funding it needed, but reneged when he didn’t get to control the company, Savitt told the jury.\u003c/p>\n\u003cp>Musk was in the middle of the conversations about pivoting from a nonprofit, Savitt said. As early as the summer of 2017, he insisted on holding a majority equity stake in any for-profit entity, as well as controlling its board of directors and serving as CEO, according to OpenAI’s court filings.\u003c/p>\n\u003cp>In the fall of that year, after Brockman and Sutskever emailed Musk with concerns about the for-profit structure he proposed, the discussions collapsed, OpenAI alleges. After that, Musk stopped making significant quarterly funding contributions, and he left the company less than six months later.\u003c/p>\n\u003cp>Around that time, Brockman and Altman moved to pursue a for-profit arm — a decision their attorneys say they told Musk about prior to his departure from the board.[aside postID=news_12079896 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/Daniel-Moreno-Gama-AP.jpg']Savitt said in court that Musk had given the company less than 4% of the funding he’d promised. While OpenAI had gotten contributions from other donors, he said, those “kept the lights on, but it wasn’t nearly enough to stay on the cutting edge.”\u003c/p>\n\u003cp>“They needed to get the money from somewhere, or else the project collapsed,” he said, alleging that donors weren’t willing to make the billion-dollar contributions that OpenAI needed without an expectation of return.\u003c/p>\n\u003cp>Since OpenAI established its first for-profit subsidiary, which capped investor returns at 100 times their investment, its business has exploded. It’s now a public benefit corporation, required to consider its mission statement but not necessarily to prioritize it.\u003c/p>\n\u003cp>Over the years, its mission statement has been changed several times. In 2023, according to the nonprofit parent organization’s \u003ca href=\"https://cdn.theconversation.com/static_files/files/4099/2023-IRS990-OpenAI.pdf?1770819990\">IRS disclosure form\u003c/a>, it sought to build AI that “safely benefits humanity, unconstrained by a need to generate financial return.” But last year, \u003ca href=\"https://app.candid.org/profile/9571629/openai-81-0861541?activeTab=7\">that same form\u003c/a> included a shorter mission statement — one that removed the word “safely” and any mention of finances, Tufts University business professor Alnoor Ebrahim \u003ca href=\"https://theconversation.com/openai-has-deleted-the-word-safely-from-its-mission-and-its-new-structure-is-a-test-for-whether-ai-serves-society-or-shareholders-274467\">wrote in \u003cem>The Conversation\u003c/em>\u003c/a>, an academic news outlet.\u003c/p>\n\u003cp>Former OpenAI employees have left and started a competitor, Anthropic, citing concerns over safety and the company’s direction. In 2023, OpenAI executives and board members, including Sutskever, staged a coup to briefly oust Altman as CEO. They said there’d been a breakdown in trust between him and the board, and that Altman engaged in a pattern of deception and wasn’t “consistently candid in his communications.”\u003c/p>\n\u003cp>Whether Altman’s and OpenAI’s pitch to develop their technology for the benefit of the world is an example of that deception is part of what jurors will aim to root out in the current trial.\u003c/p>\n\u003cp>“I didn’t want to pave the road to hell with good intentions,” Musk said on the stand on Tuesday afternoon. “If you have somebody who’s not trustworthy in charge of AI, I think that’s very dangerous for the whole world.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "In a federal courtroom in Oakland, attorneys for tech elites Sam Altman and Elon Musk painted very different pictures of the early years of OpenAI and its mission to benefit the common good.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a federal courtroom in Oakland on Tuesday, attorneys for tech elites Sam Altman and Elon Musk set the stage for a \u003ca href=\"https://www.kqed.org/news/12081290/how-to-unscramble-an-omelet-in-silicon-valley-the-musk-v-altman-trial-that-will-try\">landmark case to determine whether OpenAI\u003c/a>, one of the most powerful artificial intelligence companies in the world, was founded on a lie.\u003c/p>\n\u003cp>At issue is whether the company’s stated mission — to lead AI development to benefit the common good — was authentic or a deceptive pitch designed to attract talent and investment. \u003ca href=\"https://www.kqed.org/forum/2010101912956/its-elon-musks-world-were-just-living-in-it\">Musk\u003c/a> alleges that co-founders Altman and Greg Brockman, who remains Altman’s second-in-command, participated in a “long con” to enrich themselves at his expense, after the three co-founded OpenAI as a nonprofit in 2015.\u003c/p>\n\u003cp>“They’re going to make this lawsuit very complicated, but it’s very simple,” Musk said of OpenAI on the stand on Tuesday afternoon. “It’s not OK to steal a charity.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He departed the company after a falling out and \u003ca href=\"https://www.courtlistener.com/docket/69013420/musk-v-altman/\">sued the company\u003c/a> in 2024, alleging that OpenAI had breached charitable trust by restructuring as a for-profit company, now valued at more than $800 billion.\u003c/p>\n\u003cp>But Altman’s attorneys called the Tesla CEO’s behavior “a tale of two Musks,” shifting from pushing for OpenAI to become a for-profit company under his control, to caring about its nonprofit status only after launching competitor xAI in 2023. They argue OpenAI’s decision to adopt a for-profit structure was integral to its survival.\u003c/p>\n\u003cp>“We’re here because Mr. Musk didn’t get his way,” William Savitt, Altman’s lead attorney, said Tuesday. “And because he’s a competitor, he’ll do anything he can to attack OpenAI.”\u003c/p>\n\u003cfigure id=\"attachment_12081686\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081686\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-04-KQED-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Steve Molo, Elon Musk’s attorney, presents opening statements in the trial in which Elon Musk (center-right) claims that Sam Altman (right) and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Steven Molo, Musk’s counsel, told the jury that when Musk, Altman and Brockman set out to found an AI nonprofit, their goals were to develop the technology safely and for the \u003ca href=\"https://www.kqed.org/news/12034916/about-benefiting-humanity-calls-grow-for-openai-to-make-good-on-its-promises\">benefit of humanity\u003c/a>.\u003c/p>\n\u003cp>“It wasn’t a technology to get rich,” he said.\u003c/p>\n\u003cp>After operating as a strict nonprofit for years, OpenAI added a for-profit arm in 2019, which executives said was necessary to obtain the funding needed to develop artificial general intelligence — a more advanced AI technology that surpasses human intelligence, according to court filings.\u003c/p>\n\u003cp>In early conversations about how the for-profit entity would work, Molo said, the structure was likened to a museum gift shop whose revenue funds the institution’s galleries and operations. Brockman and Altman reassured Musk that they were still committed to the nonprofit structure, he said.\u003c/p>\n\u003cp>But behind the scenes, Molo alleges that the other co-founders had more lucrative desires.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In court filings, he cited a journal in which Brockman wrote that “it would be nice to be making the billions … we’ve been thinking that maybe we should just flip to a for-profit. making the money for us sounds great and all.”\u003c/p>\n\u003cp>Brockman also wrote that he and another top OpenAI executive, Ilya Sutskever, “cannot say that we are committed to the non-profit. don’t wanna say that we’re committed. If three months later we’re doing B-Corp [a certification for for-profit corporations with social and environmental missions], then it was a lie.”\u003c/p>\n\u003cp>Years later, after Musk had departed OpenAI, the company was “no longer operating for the good of humanity,” Molo said.\u003c/p>\n\u003cp>“The museum store sold the Picassos,” he said.\u003c/p>\n\u003cp>Musk’s lawsuit claims OpenAI breached charitable trust and alleges unjust enrichment, which means that one party unfairly benefits at the expense of another. He also accuses Microsoft, which is the company’s largest financial backer and until this week held the exclusive rights to license and sell its technology, of aiding and abetting OpenAI’s breach of charitable trust.\u003c/p>\n\u003cp>OpenAI’s defense, meanwhile, alleges that Musk’s suit is less motivated by a desire to do good than it is by vengeance for his former colleagues, whose company is now eyeing an initial public offering valued at up to $1 trillion.\u003c/p>\n\u003cp>“Musk sat on his claims for years,” Savitt said. “He knew everything that was happening when it was happening. My clients had the nerve to go out and succeed without him.”\u003c/p>\n\u003cp>He also pointed out that Musk launched xAI a year before bringing the lawsuit, which would make OpenAI his competitor.\u003c/p>\n\u003cfigure id=\"attachment_12081681\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12081681\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1.jpg\" alt=\"\" width=\"2000\" height=\"1125\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1-160x90.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1-1536x864.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/04/260428-MUSK-ALTMAN-VB-03-KQED-1-1200x675.jpg 1200w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Representing Microsoft, Russell Coan (left) speaks as Elon Musk watches in the trial in which Elon Musk claims that Sam Altman and OpenAI abandoned their founding promise to develop AI for the benefit of humanity, rather than solely for profit, in Oakland on April 28, 2026. \u003ccite>(Vicki Behringer for KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Savitt pointed to moments early in OpenAI’s development, when Musk suggested that it would be “probably better” for the company to operate as a “standard C corp[oration] with a parallel nonprofit.” He initially promised to cover the balance of the funding it needed, but reneged when he didn’t get to control the company, Savitt told the jury.\u003c/p>\n\u003cp>Musk was in the middle of the conversations about pivoting from a nonprofit, Savitt said. As early as the summer of 2017, he insisted on holding a majority equity stake in any for-profit entity, as well as controlling its board of directors and serving as CEO, according to OpenAI’s court filings.\u003c/p>\n\u003cp>In the fall of that year, after Brockman and Sutskever emailed Musk with concerns about the for-profit structure he proposed, the discussions collapsed, OpenAI alleges. After that, Musk stopped making significant quarterly funding contributions, and he left the company less than six months later.\u003c/p>\n\u003cp>Around that time, Brockman and Altman moved to pursue a for-profit arm — a decision their attorneys say they told Musk about prior to his departure from the board.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Savitt said in court that Musk had given the company less than 4% of the funding he’d promised. While OpenAI had gotten contributions from other donors, he said, those “kept the lights on, but it wasn’t nearly enough to stay on the cutting edge.”\u003c/p>\n\u003cp>“They needed to get the money from somewhere, or else the project collapsed,” he said, alleging that donors weren’t willing to make the billion-dollar contributions that OpenAI needed without an expectation of return.\u003c/p>\n\u003cp>Since OpenAI established its first for-profit subsidiary, which capped investor returns at 100 times their investment, its business has exploded. It’s now a public benefit corporation, required to consider its mission statement but not necessarily to prioritize it.\u003c/p>\n\u003cp>Over the years, its mission statement has been changed several times. In 2023, according to the nonprofit parent organization’s \u003ca href=\"https://cdn.theconversation.com/static_files/files/4099/2023-IRS990-OpenAI.pdf?1770819990\">IRS disclosure form\u003c/a>, it sought to build AI that “safely benefits humanity, unconstrained by a need to generate financial return.” But last year, \u003ca href=\"https://app.candid.org/profile/9571629/openai-81-0861541?activeTab=7\">that same form\u003c/a> included a shorter mission statement — one that removed the word “safely” and any mention of finances, Tufts University business professor Alnoor Ebrahim \u003ca href=\"https://theconversation.com/openai-has-deleted-the-word-safely-from-its-mission-and-its-new-structure-is-a-test-for-whether-ai-serves-society-or-shareholders-274467\">wrote in \u003cem>The Conversation\u003c/em>\u003c/a>, an academic news outlet.\u003c/p>\n\u003cp>Former OpenAI employees have left and started a competitor, Anthropic, citing concerns over safety and the company’s direction. In 2023, OpenAI executives and board members, including Sutskever, staged a coup to briefly oust Altman as CEO. They said there’d been a breakdown in trust between him and the board, and that Altman engaged in a pattern of deception and wasn’t “consistently candid in his communications.”\u003c/p>\n\u003cp>Whether Altman’s and OpenAI’s pitch to develop their technology for the benefit of the world is an example of that deception is part of what jurors will aim to root out in the current trial.\u003c/p>\n\u003cp>“I didn’t want to pave the road to hell with good intentions,” Musk said on the stand on Tuesday afternoon. “If you have somebody who’s not trustworthy in charge of AI, I think that’s very dangerous for the whole world.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003ch4>Here are the morning’s top stories on Monday, April 27, 2026:\u003c/h4>\n\u003cul>\n\u003cli>State courts will start tracking and reporting on immigration arrests at their facilities, starting in June.\u003c/li>\n\u003cli>Two of the most powerful men in tech are set to face off in a federal courtroom today in Oakland. Elon Musk, the world’s richest man, is suing Sam Altman, the CEO of OpenAI.\u003c/li>\n\u003cli>It’s spring cleaning season. And that can involve wiping off something most of us may not otherwise notice: dust. But for researchers at UC Merced and throughout California, dust is much more top of mind. These particles, they say, affect many parts of life… and not just our health.\u003c/li>\n\u003c/ul>\n\u003ch2>Immigration Arrests Will Be Tracked at CA Courts\u003c/h2>\n\u003cp>California’s Judicial Council, which makes policies for the state’s court system, has decided that courts in the state will be required to collect data on civil arrests inside the state’s courthouses. This comes amidst a rise in arrests by federal immigration officials in or around courthouses throughout the country.\u003c/p>\n\u003cp>Prior to the second Trump Administration, federal policy barred Immigration and Customs Enforcement from arresting people at sensitive locations such as hospitals, schools, and courthouses. The reasoning behind this policy was to avoid discouraging people from going to these places.\u003c/p>\n\u003cp>The goal of tracking this this data is to increase transparency, and to provide more information to the state’s judiciary so that they can assess the impacts these arrests are having on people’s ability to access courts and justice. The data collection will begin May 1st.\u003c/p>\n\u003ch2>Musk and Altman Set to Faceoff in Court\u003c/h2>\n\u003cp>Elon Musk, the world’s richest man, is suing Sam Altman, the CEO of OpenAI. The two are set to faceoff in a courtroom in Oakland today. Musk left OpenAI after a bitter falling out in 2018. Now he’s claiming Altman ran a “long con,” secretly planning to turn OpenAI into a for-profit company, while still asking Musk for millions to support a research lab to benefit all humanity. OpenAI says Musk is trying to kneecap a rival to his own AI company, xAI.\u003c/p>\n\u003cp>The lawsuit was filed in 2024. Today, the jury selection process will begin. Musk is seeking more than $150 billion in damages.\u003c/p>\n\u003ch2>\u003ca href=\"https://www.kvpr.org/health/2026-04-21/uc-merced-researchers-sound-the-alarm-on-dust-what-it-could-mean-for-your-health\">A Deeper Look Into Dust\u003c/a>\u003c/h2>\n\u003cp>For most people, dust is something we only think of when wiping it off counters or windowsills. But researchers at UC Merced and throughout California say these particles affect many parts of life — and it’s crucial to know about the risks they carry.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>UC Merced professor and immunologist, Katrina Hoyer, and UC Merced researcher, Adeyemi Adebiyi, are finding ways to help people to limit the amount of dust we breathe in. They are part of a team of researchers throughout the state called the \u003ca href=\"https://ucdust.ucsd.edu/\">UC Dust Team\u003c/a>. The consortium started several years ago because of the increasing prevalence of dust in California. Since launching, the team has published research that studied dust’s correlation with health, environmental drivers, and even the meteorology of dust storms in the state. Their goal is to inform people about dust’s impact. In a \u003ca href=\"https://ucdust.ucsd.edu/wp-content/uploads/sites/492/2025/04/UC-Dust-Report-2025.pdf\">report\u003c/a> the team released last year, they cited dust particles contributing to car accidents from dust storms, injuring livestock and even melting snowpack.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Members of the UC Dust team feel their work is creating change. Since the team started, Hoyer said, information has slowly started to spread to local leaders.\u003c/p>\n\n",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"tagline": "Politics from a personal perspective",
"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"pri-the-world": {
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"title": "PRI's The World: Latest Edition",
"info": "Each weekday, host Marco Werman and his team of producers bring you the world's most interesting stories in an hour of radio that reminds us just how small our planet really is.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-World-Podcast-Tile-360x360-1.jpg",
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},
"radiolab": {
"id": "radiolab",
"title": "Radiolab",
"info": "A two-time Peabody Award-winner, Radiolab is an investigation told through sounds and stories, and centered around one big idea. In the Radiolab world, information sounds like music and science and culture collide. Hosted by Jad Abumrad and Robert Krulwich, the show is designed for listeners who demand skepticism, but appreciate wonder. WNYC Studios is the producer of other leading podcasts including Freakonomics Radio, Death, Sex & Money, On the Media and many more.",
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},
"reveal": {
"id": "reveal",
"title": "Reveal",
"info": "Created by The Center for Investigative Reporting and PRX, Reveal is public radios first one-hour weekly radio show and podcast dedicated to investigative reporting. Credible, fact based and without a partisan agenda, Reveal combines the power and artistry of driveway moment storytelling with data-rich reporting on critically important issues. The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.",
"airtime": "SAT 4pm-5pm",
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"officialWebsiteLink": "https://www.revealnews.org/episodes/",
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"rss": "http://feeds.revealradio.org/revealpodcast"
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},
"rightnowish": {
"id": "rightnowish",
"title": "Rightnowish",
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