Full Breakdown
Elon Musk’s Pre-Trial Settlement Offer and Threatening Text to OpenAI President
5/4/2026, 8:47:49 PM
The Settlement Offer and Threatening Text
Two days before the Oakland federal trial began, Elon Musk messaged OpenAI President Greg Brockman to “gauge interest in settlement.” Brockman replied that both sides could drop their claims. Musk responded, “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.” OpenAI’s lawyers asked to admit the exchange as evidence, arguing it shows Musk’s motive to attack a rival.
Background & Context
Musk co-founded OpenAI in 2015 and contributed roughly $38 million between 2015 and 2017. In 2017 the organization adopted a hybrid nonprofit-for-profit structure that later evolved into a for-profit entity now valued at over $800 billion, backed by a $10 billion Microsoft investment. In 2024 Musk sued OpenAI, CEO Sam Altman and President Greg Brockman, alleging a breach of the original charitable mission and seeking $150 billion in damages.
Timeline
- 2024: Musk files lawsuit.
- April 25 2026: Musk texts Brockman.
- April 27 2026: Jury selection begins.
- April 28 2026: Trial opens.
- May 4 2026: Judge denies admission of the text.
Official Statements & Responses
Musk testified OpenAI’s shift was a “bait-and-switch” and that it is “trying to steal a charity.” OpenAI counsel said messages prove Musk intends to “attack a competitor and its principals.” The judge ruled text inadmissible, noting it should have been offered during Musk’s testimony.
Criticism & Opposition
OpenAI’s attorneys argue the suit is a strategic effort to dismantle a rival after Musk lost control. Legal observers note the settlement timing suggests competitive motives outweigh charitable-trust concerns.
Conflicting Reports & Gaps
Sources differ on whether Musk’s threat verbatim includes the phrase “If you insist, so it will be,” though all convey the same sentiment. The filing did not attach the original messages, leaving the court to rely on second-hand descriptions.
Verbatim Quotes
- “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.” — Elon Musk, text to Greg Brockman
- “Essentially, they're trying to steal a charity, and we're trying to stop them,” — Elon Musk, testimony
- “It 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,” — OpenAI lawyers, filing
- “I agree it feels bad,” — Sam Altman, reply to Musk’s valuation comment
Why It Matters
A ruling that forces OpenAI back into a nonprofit could reshape AI governance, alter Microsoft’s partnership, and set precedent for charitable-trust enforcement in tech.
What’s Next
Testimony from Brockman, Altman and Microsoft executives is slated for the coming weeks, with a verdict possible by mid-May.
