IMPLICATOR
OpenAI's defense team asked a federal judge Sunday to let Greg Brockman testify about a settlement text Elon Musk sent before trial, according to a court filing. The April 25 message came two days before jury selection in Musk v. Altman, after Brockman proposed that both sides drop their claims. The brief frames the exchange as evidence of motive and bias as the Oakland case turns from Musk's testimony to OpenAI's witnesses.
Key Takeaways
- OpenAI wants Greg Brockman to testify about Musk's April 25 settlement text.
- The defense says the message shows motive and bias, not settlement value.
- Brockman is expected to face questions about 2017 for-profit planning notes.
- Judge Gonzalez Rogers, not the advisory jury, will decide final liability and remedies.
AI-generated summary, reviewed by an editor. More on our AI guidelines.
The filing puts settlement on the record
The filing says Musk texted Brockman "to gauge interest in settlement" and that Brockman responded by suggesting both sides walk away. Musk then replied that by the end of the week Brockman and Sam Altman would be "the most hated men in America," according to the OpenAI defendants.
The defense said it does not plan to introduce a screenshot. It wants to question Brockman about the message while he is on the stand. The four-page application argues that settlement rules do not bar the testimony because the exchange would be offered to show bias, not to prove the value of either side's claims. It cites Federal Rule of Evidence 408 and a March 2026 Twitter acquisition trial transcript involving Musk.
Brockman enters a trial built around intent
Brockman is a defendant, OpenAI's president and one of the central witnesses in the case. The Wall Street Journal reported Monday that Musk's lawyers are expected to question him about private journal entries from 2017, including notes about whether OpenAI should pursue a for-profit structure while Musk was still funding the nonprofit.
The same witness now may be asked about a message sent on the eve of trial. That timing matters because OpenAI has argued that Musk is using the lawsuit to damage a rival after leaving OpenAI in 2018 and launching xAI five years later. The Sunday application uses the same frame, calling the text evidence that Musk's motivation is "to attack a competitor and its principals."
Musk spent three days on the stand
Musk testified last week in federal court before Judge Yvonne Gonzalez Rogers. CNBC reported that he repeated his claim that Altman and Brockman tried to "steal a charity" and that his roughly $38 million in early OpenAI funding was used for commercial purposes he did not authorize.
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OpenAI rejects that account. Its counsel has pointed to 2017 discussions in which Musk considered for-profit structures himself, including proposals that would have given him control. Musk has said he was not opposed to a for-profit unit if it remained subordinate to the nonprofit mission.
The trial also touched xAI. CNBC and TechCrunch reported that Musk acknowledged xAI had "partly" used OpenAI models through distillation, while saying AI companies commonly use other systems to validate their own models. That testimony feeds OpenAI's argument that the case cannot be separated from Musk's current competition with the ChatGPT maker.
The judge still controls the outcome
The nine-person jury is advisory in the first phase. Gonzalez Rogers will decide liability and any equitable remedies, using the jury's findings as guidance. An April 7 amended notice says Musk will seek orders removing Altman from the nonprofit board, removing Altman and Brockman as officers of the for-profit entity, directing disgorgement to OpenAI's charity and unwinding the conversion.
The court calendar set the next session for Monday, May 4, at 11:30 a.m. ET. A ruling for OpenAI on the application would put Brockman's April 25 exchange into testimony before jurors hear his account of the 2017 for-profit discussions.
Frequently Asked Questions
What text did Elon Musk send Greg Brockman?
OpenAI's filing says Musk texted Brockman before trial to gauge settlement interest. After Brockman suggested both sides drop their claims, Musk allegedly warned that Brockman and Sam Altman would be the most hated men in America.
Why does OpenAI want the text admitted?
OpenAI says the exchange tends to show motive and bias. Its lawyers argue the message would not be offered to prove the value of any settlement claim, which is why they cite an exception to settlement-evidence limits.
Who is Greg Brockman in the trial?
Brockman is OpenAI's president, a co-founder and a defendant. Musk's side is expected to question him about private 2017 notes concerning OpenAI's nonprofit and for-profit structure.
What is Musk seeking in the case?
Musk is seeking structural relief tied to OpenAI's conversion, including removal of Altman and Brockman from leadership roles, disgorgement to the nonprofit arm and an unwinding of the for-profit conversion.
Who decides the outcome?
The nine-person jury is advisory in the first phase. Judge Yvonne Gonzalez Rogers will decide liability and any equitable remedies, using the jury's findings as guidance.
AI-generated summary, reviewed by an editor. More on our AI guidelines.
Marcus Schuler
Editor-in-Chief and founder of Implicator.ai. Former ARD correspondent and senior broadcast journalist with 10+ years covering tech. Writes daily briefings on policy and market developments. Based in San Francisco. E-mail: [email protected]
