Musk Sends Ominous Settlement Text to OpenAI

Elon Musk contacted OpenAI President Greg Brockman by text two days before the companies' federal trial in Oakland was scheduled to begin, according to a court filing reported by CNBC and Reuters. Per the filing and contemporaneous reporting by Bloomberg and Gizmodo, Brockman replied suggesting both sides drop their claims, and the filing quotes Musk saying, "By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will." OpenAI's lawyers moved to admit the exchange into evidence, and the filing described the message as "coercive rather than conciliatory," as reported by Gizmodo. TechCrunch reported that a judge later ruled the exchange inadmissible for trial.

Industry reporting frames OpenAI's effort to admit the text as an attempt to establish motive and bias, with the company telling the court the message "tends to prove motive and bias, and, in particular, that Mr. Musk's motivation in pursuing this lawsuit is to attack a competitor and its principals," according to CNBC. Bloomberg and Reuters place the filing in the broader context of Musk's litigation related to his Twitter acquisition and earlier public statements about OpenAI's governance.

Observers note that settlement discussions are normally privileged; however, parties sometimes seek to introduce communications when they argue the exchanges were coercive or demonstrate intent. Reporting from Ars Technica and Gizmodo ties the highlighted text to prior allegations that Musk has used aggressive messaging during litigation, which OpenAI's filing cited as relevant background. Courts weigh such evidence against rules protecting settlement negotiations, which helps explain the judge's ruling reported by TechCrunch.

For the AI industry, the trial is closely watched because it centers on corporate governance and the legal limits of contracts and charters that shaped OpenAI's transition from nonprofit roots to a capped-profit model, as backgrounded in Reuters and Bloomberg coverage. Reporting by The Information and CNN situates the text exchange within a larger narrative about the lawsuit's stakes, including potential remedies Musk seeks such as structural changes and damages, as described in court filings cited by multiple outlets.

• •Editorial analysis: Monitor whether the court revisits the admissibility ruling on appeal or in later testimony; Bloomberg and CNBC note that Brockman could be called as a witness following Musk's testimony.
• •Editorial analysis: Watch for other contemporaneous communications cited in filings; Reuters and Business Insider report OpenAI included additional examples from past litigation to support evidentiary relevance.
• •Editorial analysis: Observe jury reactions and any expert testimony that frames motive or competitive harm, since several outlets highlight motive and bias as central to OpenAI's court filings.

The exchange, as quoted in multiple filings and reported by major outlets, became a focal point of evidentiary disputes. TechCrunch reported a judge excluded the message from evidence, but reporting across Bloomberg, CNBC, Reuters, Gizmodo, and others shows the filing has already been used publicly to frame arguments about motive and litigation posture.