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Elon Musk and OpenAI CEO Sam Altman head to court in high-stakes showdown over AI

OAKLAND, Calif. (AP) — Technology tycoons Elon Musk and Sam Altman are poised to face off in a high-stakes trial revolving around the alleged betrayal, deceit and unbridled ambition that blurred the bickering billionaires’ once-shared vision for the development of artificial intelligence.

The trial, which started Monday with jury selection, centers on the 2015 birth of ChatGPT maker OpenAI as a nonprofit startup primarily funded by Musk before evolving into a capitalistic venture now valued at $852 billion.

The trial’s outcome could sway the balance of power in AI — breakthrough technology that is increasingly being feared as a potential job killer and an existential threat to humanity’s survival.

Those perceived risks are among the reasons that Musk, the world’s richest person, cites for filing an August 2024 lawsuit that will now be decided by a jury and U.S. District Judge Yvonne Gonzalez Rogers in Oakland, California.

The civil lawsuit accuses Altman, OpenAI’s CEO, and his top lieutenant, Greg Brockman, of double-crossing Musk by straying from the San Francisco company’s founding mission to be an altruistic steward of a revolutionary technology. The lawsuit alleges they shifted into a moneymaking mode behind his back.

OpenAI has brushed off Musk’s allegations as an unfounded case of sour grapes that’s aimed at undercutting its rapid growth and bolstering Musk’s own xAI, which he launched in 2023 as a competitor.

Gonzalez Rogers questioned potential jurors Monday about their views on Musk, Altman and artificial intelligence and whether they’d be able to treat the parties fairly. Some jurors said they had negative views of Musk, but most said they would still be able to treat him fairly and focus on the facts of the case.

Musk, who invested about $38 million in OpenAI from December 2015 through May 2017, initially was seeking more than $100 billion in damages.

But any damages now are likely to be much smaller after a series of pre-trial rulings that went against Musk. Musk has since abandoned a bid for damages for himself and instead is seeking an unspecified amount of money to be paid to fund the altruistic efforts of OpenAI’s charitable arm. The money would be paid primarily by OpenAI’s for-profit operations, and Microsoft, which became the company’s biggest investor after Musk cut off his funding.

Musk’s lawsuit also seeks Altman’s ouster from OpenAI’s board. Musk’s decision to stop funding the company contributed to a bitter falling out between the former allies. Musk says he was responding to deceptive conduct that OpenAI’s board picked up on when it fired Altman as CEO in 2023 before he got his job back days later.

But the trial also carries risks for Musk, who last month was held liable by another jury for defrauding investors during his $44 billion takeover of Twitter in 2022. Any damaging details about Musk and his business tactics could be particularly hurtful now because his rocket ship maker, SpaceX, plans to go public this summer in an initial public offering that could make him the world’s first trillionaire.

However it turns out, the trial is expected to provide riveting theater, with contrasting testimony from two of technology’s most influential and polarizing figures in the 54-year-old Musk and the 41-year-old Altman.

“Part of this is about whether a jury believes the people who will testify and whether they are credible,” Gonzalez Rogers said during a court hearing earlier this year while explaining why she believe the case merited a trial. The judge will make the final decision on the case, with the jury serving in an advisory role.

Musk, whose estimated fortune stands at about $780 billion, has long been hailed as a visionary for his roles creating digital payment pioneer PayPal, electric automaker Tesla and rocket ship maker SpaceX. But he has also provoked backlashes with his social media commentary, unfulfilled promises about Tesla’s self-driving technology and his cost-cutting role last year in President Donald Trump’s administration.

Altman, currently sitting on a roughly $3 billion fortune, didn’t emerge in the public consciousness until the late 2022 release of ChatGPT. The tech boom triggered by that conversational chatbot has led some to liken Altman to a 21st-century version of the nuclear bomb inventor, J. Robert Oppenheimer.

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