As Elon Musk's lawsuit against OpenAI entered its second week, the spotlight turned to the company's president, Greg Brockman. Over several hours on Monday and Tuesday, Brockman faced intense questioning about his emails, texts, and notably, his personal diary, which has become a key piece of evidence in the case.
Musk's Allegations and the Diary's Role
Musk's lawsuit claims that Brockman, OpenAI, and CEO Sam Altman violated the company's founding agreement by transforming the artificial intelligence firm into a for-profit entity. Musk alleges that Altman and Brockman unjustly enriched themselves, essentially taking his money while deceiving him about their true intentions. He seeks their removal, the reversal of the for-profit restructuring, and $134 billion in damages to be distributed to OpenAI's non-profit arm.
The diary, kept by Brockman during the company's early years around 2015, has provided a consistent line of attack for Musk's attorneys. They have presented numerous excerpts, which OpenAI argues are taken out of context, to portray Brockman as self-interested and deceptive. Judge Yvonne Gonzalez Rogers cited Brockman's entries multiple times in her decision to deny OpenAI's motion to prevent the case from going to trial.
Key Diary Entries Under Scrutiny
In one entry, Brockman asked himself: "Financially what will take me to $1B?" During a pre-trial deposition, Musk's attorney repeatedly brought up the journal and asked why Brockman wrote "it would be nice to be making the billions." Brockman explained that he meant it would be nice to have a revenue plan for the company beyond donations.
Another entry read: "It'd be wrong to steal the non-profit from him. to convert to a b-corp without him. that'd be pretty morally bankrupt. and he's really not an idiot." Musk's lead attorney, Steven Molo, questioned Brockman about this entry, specifically asking if he meant that only an idiot would allow him to steal a charity. Brockman replied, "No."
During tense exchanges, Molo accused Brockman of deceiving Musk. "You weren't honest with Elon Musk when you told him that you wanted OpenAI to remain a non-profit, were you?" Molo asked. Brockman responded, "We were absolutely honest with Elon."
OpenAI's Defense
OpenAI has denied all claims, stating that Musk is merely an aggrieved former co-founder who left the company in 2018 after failing to take control. They argue that Musk was always aware of the intent to create a for-profit structure and that OpenAI remains overseen by a non-profit focused on benefiting humanity through AI.
In January, OpenAI published a blog post titled "The Truth Elon Left Out," claiming that Musk's team misused quotes and omitted relevant sections. Brockman also posted a lengthy thread on X, explaining his diary entries. "I have great respect for Elon, but the way he cherrypicked from my personal journal is beyond dishonest," he wrote, stating he looked forward to telling his full version of events.
Broader Legal Implications
Musk's case is not the only lawsuit where Brockman's diary has drawn interest. In March, a federal judge ruled that OpenAI must provide portions of the diary to the New York Times and other plaintiffs in a copyright infringement case accusing OpenAI of illegally using newspapers' intellectual property to train AI models.
OpenAI's lawyers began cross-examining Brockman on Monday afternoon and continued into Tuesday, allowing him to reframe some of Musk's accusations and reiterate that he never deceived Musk. When asked about the diary, Brockman downplayed its role as a record of events, describing it as stream-of-consciousness writing never intended for public view. "It's very painful," he said. "It's very deeply personal writings that weren't meant for the world to see but there's nothing in there that I'm ashamed of."
A Meeting at a Haunted Mansion and a Rift
OpenAI lawyer Sarah Eddy questioned Brockman on Tuesday about equity sharing with Musk and the centibillionaire's attempt to wrest control of the company. Eddy also asked about a 2017 meeting at a haunted mansion, which occurred after OpenAI's AI won a video game competition in Seattle. Musk described the victory as a "triggering event" signaling the time to make the next step for OpenAI. Brockman testified that he interpreted this as the time to create a for-profit entity.
Musk suggested celebrating with "party carnage" at a haunted mansion he had just bought in San Francisco. Brockman testified that there had been a party the night before and Musk's then-girlfriend, Amber Heard, was present and "served some nice whisky." Brockman said it was a celebratory moment where they discussed making OpenAI a for-profit.
After the celebration, rifts grew among OpenAI's leadership. Altman believed equity should be split equally, but Musk argued he deserved more because he "started the most multibillion-dollar companies in history" and provided the most funding. According to Brockman, Musk said: "Look, you guys are great, but I can start another AI company tomorrow. One tweet, that's all it takes."
By 2018, Musk had left the board. Brockman testified that after a meeting where Musk "stormed around the table," Musk asked him: "When will you be departing OpenAI?" Brockman added, "He said that people needed to know he was in charge. He knows rockets; he knows electric cars; he doesn't know AI." After Musk's departure, Brockman felt "relief. Some sadness. The end of era. But it also freed us."
