Musk Message to Brockman Added to Court Record in OpenAI Lawsuit

A private message that Elon Musk sent to OpenAI co-founder Greg Brockman two days before jury selection began in Musk’s lawsuit against OpenAI has been entered into the court record in the U.S. District Court for the Northern District of California.

According to a court filing cited in the source report, Musk wrote that Brockman and OpenAI CEO Sam Altman would become “the most hated men in America” if a settlement was not reached.

OpenAI’s legal team is presenting the message as evidence of motive and bias. In the filing, attorneys for Brockman, Altman and OpenAI argue the text “tends to prove motive and bias,” and supports their claim that Musk’s lawsuit is aimed at attacking a competitor and its leadership.

What the lawsuit alleges

Musk’s lawsuit argues that OpenAI departed from its original nonprofit mission. He claims he contributed more than $44 million to OpenAI during its early years with the understanding it would remain a nonprofit focused on developing AI for the benefit of humanity.

OpenAI transitioned to a public benefit corporation in October 2025, according to the source report. It also says Micrososources received a 27% stake in the new entity, while OpenAI’s nonprofit arm, the OpenAI Foundation, received a stake valued at $130 billion.

OpenAI counters that Musk is seeking to undermine a competitor asourceser leaving the company and later founding xAI in 2023.

Trial timeline

The case moved to trial last week with jury selection, and is expected to run through mid-May, according to the source report. OpenAI’s attorneys argue the pre-trial message, combined with Musk’s courtroom conduct, suggests a personal motivation behind the litigation beyond the governance dispute at the center of the case.