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A less-than-flattering picture of Sam Altman: Key witness testifies in legal battle between Elon Musk and OpenAI CEO


“NEW YORK. Sam Altman was desperate. It was November 2023; the OpenAI board of directors had abruptly fired him as CEO, and he was trying to reverse the decision. In a lawsuit in Oakland, California, pitting Altman against Elon Musk, a series of text messages he exchanged with Mira Murati at the time has now come to light. Murati had been named his interim successor.

 

Altman bombarded her with panicked-sounding messages, asking for updates on the board’s deliberations—deliberations from which he was evidently excluded. At one point, he asked whether things looked "generally good or bad" for him; Murati replied, "Generally very bad." He asked to be allowed to "come in" and join the discussions, but Murati replied that the board did not want him there. Just minutes later, Altman asked, "Do they still not want me?" Murati answered, "They don't want you." Shortly thereafter, she wrote that the board wouldn't care if every OpenAI employee quit.

 

Altman’s brief ousting from OpenAI was one of Silicon Valley’s biggest leadership dramas in recent years. Although Murati’s messages initially suggested otherwise, he was reinstated to his position after just a few days. Murati played a somewhat ambiguous role in the episode. She joined a group of hundreds of employees demanding Altman’s return and threatening to quit otherwise. However, media reports later revealed that, prior to Altman’s dismissal, she had complained to the board about his leadership style, describing him as manipulative. About a year after the power struggle, Murati left OpenAI; she has since founded her own company.

 

Murati has now also testified in the trial from Oakland—though, unlike many other witnesses, she did so via video recording rather than in person. In it, she gave an unflattering description of Altman. She stated that, in her opinion, Altman had not always been honest with her and had undermined her work. He had caused "chaos" and pitted managers against one another. He would say "one thing to one person and the complete opposite to another."

 

Murati said that Altman’s leadership style remained problematic even after his brief ousting. However, she also explained that she had been in favor of bringing him back as CEO.

 

The trial in Oakland, which is being closely watched by the tech industry, began about two weeks ago. It stems from a lawsuit Musk filed in 2024 against OpenAI and several of its executives, including Altman and Greg Brockman, who is currently OpenAI’s president. Like Altman and Brockman, Musk was a co-founder of OpenAI in 2015 and provided significant initial funding for the company; however, he left in 2018 following a dispute.

 

Musk accuses his former co-founders of breach of contract and unjust enrichment. He argues that OpenAI has subordinated its mission—to develop artificial intelligence for the benefit of humanity—to commercial interests. Musk bases his argument primarily on how OpenAI has altered its structure over time.

 

The company was originally founded as a non-profit organization. In 2019, a for-profit entity was established alongside it, though it remained under the control of the original organization. The structure was adjusted again last year; OpenAI now more closely resembles a traditional corporation and is currently preparing for an initial public offering (IPO).

 

OpenAI rejects Musk’s allegations, accusing him of waging a "harassment campaign" to harm a competitor. In his opening statement, OpenAI’s lawyer said that Musk filed the lawsuit because he did not get his way. His co-founders allegedly had the "audacity" to turn OpenAI into a success without him, and he did not like that.

 

Musk’s lawyer argued that OpenAI would not exist without Musk. He accused Altman and Brockman of having "stolen a charitable organization." In his lawsuit, Musk demands the resignation of Altman and Brockman. He also calls for the return of "ill-gotten gains" to the non-profit entity. An expert witness cited by him has estimated this amount at $134 billion.

 

Murati’s testimony is relevant because it calls Altman’s trustworthiness into question. Musk himself has also testified in the proceedings. He described himself as the victim of a scheme orchestrated by Altman and Brockman. "I was a fool who gave them money for free so they could start a company." Musk has also been commenting on the proceedings via his platform, X. He dubbed Altman "Scam Altman"—essentially calling him a fraudster.

 

Altman has not yet taken the stand, but Brockman has already testified. His appearance was highly anticipated because, in the run-up to the trial, a diary entry of his had come to light suggesting he aspired to become a billionaire. In court, Brockman stated that his primary motivation was not money, but rather OpenAI’s mission. However, he also acknowledged that his stake in the company is currently valued at $30 billion.

 

Selecting the jury for the trial proved challenging. In the questionnaires they were required to complete, several potential jurors expressed strongly negative views of Musk. Among other things, he was described as a "world-class creep" and "a piece of trash." Another questionnaire stated: "Elon doesn't care about people." In his opening statement, Musk’s lawyer alluded to such biases, remarking: "Whether you like him or not, you cannot deny that he is a legend in the tech world."

 

It appears Musk made a last-minute attempt to resolve the dispute amicably. According to a court document, two days before the trial began, he messaged Brockman asking if he would be interested in a settlement. Brockman reportedly suggested that both sides drop all their claims. This was apparently not an option for Musk, who replied: "By the end of the week, you and Sam will be the most hated men in America." [1]

 

1. Ein wenig schmeichelhaftes Bild von Sam Altman: Im Rechtsstreit zwischen Elon Musk und dem Open-AI-Chef sagt eine wichtige Zeugin aus. Frankfurter Allgemeine Zeitung; Frankfurt. 09 May 2026: 28.   ROLAND LINDNER

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