OpenAI must produce Musk testimony

A federal magistrate judge has ordered OpenAI to produce testimony from its recent trial victory over Elon Musk and xAI for use in separate copyright lawsuits against the company, according to Bloomberg Law. The ruling reaches back into a case that ended on May 18, when a jury in Oakland, California, rejected Musk’s claims against OpenAI after finding he had waited too long to sue. Bloomberg Law said the testimony will now be available in broader copyright litigation already pressing OpenAI over how it trained its artificial intelligence systems. The order links two legal fights that had been moving on separate tracks. Musk’s lawsuit centered on OpenAI’s structure and mission, while the copyright cases focus on whether OpenAI and, in some suits, Microsoft used protected works without permission to train AI models. A U.S. judicial panel previously consolidated several of those copyright suits in Manhattan, including cases brought by authors and news organizations. (news.bloomberglaw.com) ### Which testimony is OpenAI being forced to hand over? Bloomberg Law reported on May 23 that the material comes from OpenAI’s recent trial against Musk and xAI. The report said a federal magistrate judge ordered disclosure of testimony from that case for use in the separate copyright litigation. The May 18 verdict came after a three-week trial in federal court in Oakland. (news.bloomberglaw.com) The nine-person jury found Musk had missed the statute of limitations, and the court dismissed his claims against OpenAI and its executives. AP said jurors deliberated for less than two hours before rejecting Musk’s case. ### Why do copyright plaintiffs want material from the Musk case? (news.bloomberglaw.com) The Manhattan copyright cases target a different set of allegations. Authors and publishers, including The New York Times in one of the highest-profile suits, have accused OpenAI and Microsoft of using copyrighted material without authorization to train chatbots and other AI systems. In March 2025, Judge Sidney Stein allowed core copyright claims in The New York Times case to proceed. (apnews.com) Bloomberg Law said the newly ordered production will feed into that wider body of litigation. That gives copyright plaintiffs access to sworn testimony developed in a separate courtroom fight involving Musk, OpenAI and xAI. ### What did the Musk trial decide, and what did it not decide? The Oakland jury did not resolve the underlying copyright questions now facing OpenAI. (cbsnews.com) AP reported that Musk’s case was dismissed because he filed too late, not because jurors ruled on the legality of OpenAI’s technology training practices. Musk had accused OpenAI of betraying its original nonprofit mission, while OpenAI said the claims were baseless. (news.bloomberglaw.com) CNBC reported after the verdict that Musk called the result a “technicality” and said he would appeal. That leaves the Musk dispute alive on one track even as testimony from that case moves into another set of lawsuits. ### How broad is the copyright front against OpenAI now? The copyright docket already stretches beyond one plaintiff and one complaint. (apnews.com) Reuters, in coverage of the consolidation order carried by other outlets, reported that authors including Ta-Nehisi Coates and news outlets including The New York Times were among the parties whose cases were combined in New York. Bloomberg Law has separately reported that disputes over internal communications and datasets in those cases could expose OpenAI to significant damages and sanctions risk. (cnbc.com) Tre Lovell, a Los Angeles-based corporate and intellectual property lawyer, told the Baltimore Sun that AI is likely to be “heavily litigated” because of potential harm and abuse. That comment was outside the judge’s order, but it reflects the wider legal backdrop around the case. ### What happens next in court? (economictimes.indiatimes.com) The next step is in the Manhattan copyright proceedings, where the newly produced testimony can be used by plaintiffs already litigating against OpenAI and, in some cases, Microsoft. Judge Sidney Stein is overseeing at least part of that consolidated docket in the Southern District of New York, according to court reporting and prior case coverage. (baltimoresun.com) Musk’s side, meanwhile, has said it plans to appeal the May 18 Oakland verdict. That means OpenAI now faces parallel legal work: defending the jury win in California while producing material from that case for copyright plaintiffs in New York. (cnbc.com) (economictimes.indiatimes.com)