Elon Musk’s legal crusade against OpenAI has entered its second week, and the courtroom drama has taken a turn that would make a reality TV producer blush: Greg Brockman’s personal diary has become the star witness. Over Monday and Tuesday, OpenAI’s president faced a grilling about his emails, texts, and a journal that Judge Yvonne Gonzalez Rogers already cited in her decision to let the case proceed - presumably because nothing says “credible evidence” like someone’s unguarded thoughts from 2015.
Musk’s lawsuit alleges that Brockman, CEO Sam Altman, and OpenAI violated their founding agreement by transforming the nonprofit into a for-profit entity, unjustly enriching themselves in the process. Musk wants them removed, the for-profit restructuring undone, and a cool $134bn distributed to OpenAI’s nonprofit - because nothing says “I’m not bitter” like demanding a payout larger than most countries’ GDP.
The diary entries have provided Musk’s attorneys with a goldmine of embarrassing excerpts. In one, Brockman asked himself what he “really wants” and wrote: “Financially what will take me to $1B?” In another, he mused: “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, pounced on the “not an idiot” line, asking Brockman: “Did you mean to say that only an idiot would allow you to steal a charity?” Brockman maintained that he was always honest with Musk, which is a brave stance when your own handwriting is being read aloud in federal court.
OpenAI has denied all claims, arguing Musk is just a sore loser who left in 2018 after failing to take control. They published a blog post in January titled “the truth Elon left out” and Brockman posted an X thread claiming Musk “cherrypicked” his diary entries. The diary has also drawn interest from the New York Times and other plaintiffs in a separate copyright infringement case, because apparently Brockman’s journal is the gift that keeps on giving - for lawyers, at least.
During cross-examination, OpenAI’s lawyer Sarah Eddy tried to reframe the narrative, asking Brockman about a 2017 meeting at a haunted mansion Musk had just bought. After OpenAI’s AI beat the world’s best human at a video game, Musk emailed suggesting “party carnage” and his then-girlfriend Amber Heard “served some nice whisky.” Brockman testified they discussed making OpenAI a for-profit that night, but rifts soon grew. According to Brockman, Musk demanded more equity because he “started the most multibillion-dollar companies in history,” adding: “Look, you guys are great, but I can start another AI company tomorrow. One tweet, that’s all it takes.” By 2018, Musk left the board after allegedly “storming around the table” and asking Brockman: “When will you be departing OpenAI?” Brockman testified that Musk said people needed to know he was in charge - adding, presumably with a shrug, “He knows rockets; he knows electric cars; he doesn’t know AI.” Brockman admitted feeling “relief. Some sadness. The end of era. But it also freed us.”
Brockman downplayed the diary as “stream of consciousness writing” never meant for public consumption, calling the ordeal “very painful” and “deeply personal.” He added: “There’s nothing in there that I’m ashamed of.” Which is either admirable honesty or a worrying lack of self-awareness - depending on how you feel about billion-dollar lawsuits built on your own handwriting.