Jury begins deliberations after closing arguments in Musk v. Altman trial

Elon Musk’s case against Sam Altman, Greg Brockman and Microsoft has moved from testimony to deliberations. A nine-person jury in federal court in Oakland began weighing the evidence after lawyers finished closing arguments on May 14, and U.S. District Judge Yvonne Gonzalez Rogers told jurors to decide the case only on the record before them. The verdict will be advisory rather than final, with Gonzalez Rogers retaining the last word on liability. A second phase focused on remedies is scheduled to begin Monday. ### What exactly are jurors deciding now? Nine California jurors are considering a narrower set of questions than the weeks of testimony might suggest. The claims include breach of charitable trust, unjust enrichment and aiding and abetting breach of charitable trust, with Microsoft included on the last theory because of its relationship with OpenAI. (cnbc.com) TechCrunch reported that jurors are being asked, in essence, whether OpenAI and its co-founders used Musk’s donations for a specific charitable purpose and then departed from that understanding, and whether Microsoft knew of any such conditions and substantially helped cause harm. OpenAI has also asked jurors to accept defenses including statute of limitations, unreasonable delay and unclean hands. (techcrunch.com) ### Why does Musk say he was misled? Musk sued in 2024 after arguing that OpenAI’s leaders abandoned the nonprofit mission he says he backed when he helped found the lab in 2015. He claims that about $38 million he donated was given with the understanding that OpenAI would remain aligned with a nonprofit structure and develop AI for the benefit of humanity rather than private gain. (techcrunch.com) The case also reaches back to OpenAI’s corporate changes. TechCrunch reported that Musk’s lawyers have pointed in particular to Microsoft’s 2023 investment in OpenAI’s for-profit affiliate as the moment they say commercial enrichment became clear, while Musk has tied his damages claim to what he calls ill-gotten gains from the later structure. (cnbc.com) ### What did OpenAI and Microsoft tell the jury? Steven Molo, Musk’s lawyer, told jurors that OpenAI failed to open-source its technology, failed to prioritize AI safety and departed from nonprofit customs and practices. CNBC reported that Molo also argued Altman, Brockman and Microsoft enriched themselves at Musk’s expense. Sarah Eddy and William Savitt, representing OpenAI, answered that Altman and Brockman never made binding commitments to Musk about OpenAI’s corporate form. (techcrunch.com) Eddy told the jury, according to CNBC, that Musk “never cared about the nonprofit structure” and instead cared about winning, while the defense also argued that Musk sued only after launching rival AI company xAI. (cnbc.com) Russell Cohen, arguing for Microsoft, said the company had no knowledge of any alleged charitable-trust breach and therefore could not have participated in it. Microsoft is OpenAI’s principal investor and is named as a defendant on Musk’s aiding-and-abetting theory. ### Why is the jury’s verdict only advisory? Judge Yvonne Gonzalez Rogers is presiding over claims that include equitable issues, which is why the jury’s role is advisory and not dispositive. (cnbc.com) CNBC reported that Gonzalez Rogers instructed jurors on Thursday morning that they must decide the case solely on the evidence, but the judge will make the final decision on liability after receiving their findings. That setup means the deliberations matter even though they do not end the case by themselves. TechCrunch reported that if Musk were to prevail, the court would still need to sort out what consequences should follow, and those questions are set for separate hearings. ### What happens next in court? Monday is the next concrete date on the calendar. (cnbc.com) CNBC reported that the remedies phase begins then, while TechCrunch said Gonzalez Rogers will hear arguments next week on what relief, if any, should follow if the plaintiffs win. The next step therefore runs on two tracks at once: the nine jurors continue deliberating in Oakland, and lawyers for Musk, OpenAI, Altman, Brockman and Microsoft return to court before Gonzalez Rogers for remedies hearings that could become moot if the advisory verdict goes against Musk. (techcrunch.com) (cnbc.com)