Judge rules inadmissible Musk's texts to OpenAI leaders threatening reputational damage if they refused settlement

Two days before the Elon Musk vs. OpenAI trial began, Musk texted OpenAI president and co-founder Greg Brockman suggesting the parties settle the suit. After Brockman proposed both sides drop their suits, Musk responded: 'By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.' OpenAI's lawyers filed the exchange on Sunday seeking to admit it as evidence, but the judge ruled it inadmissible.

Musk's lawsuit seeks to unwind OpenAI's for-profit structure, require its technology be made available to the public, strip Microsoft's licensing agreement, and compel OpenAI to pay him general, compensatory, and punitive damages plus lawyer's fees.

The public sharing of the 'settle-or-else' text prompted observers to question whether the trial centers on Musk's stated concern for AI safety or on demanding money from OpenAI's success while weakening a rival—a charge OpenAI's countersuit alleges.