A jury was selected on Monday during the first day of trial for Musk v. Altman in a federal court in Oakland, California. Some of the jurors that were ultimately selected voiced concerns over Musk himself, as well as the AI technology at the core of the case, but assured the court they would put these concerns aside for the trial. The kick off also catalyzed an array of shenanigans outside the courtroom.
OpenAI CEO Sam Altman and president Greg Brockman were spotted in the security line inside the courthouse this morning, but Elon Musk was nowhere to be found. A few dozen journalists crammed into an overflow room to listen to an audio stream of the proceedings.
The goal today was to select nine jurors who could be fair and impartial in this case—an especially difficult challenge considering the main characters are some of the most high-profile tech executives in the world. Several potential jurors said they had negative opinions about Musk when questioned by Judge Yvonne Gonzalez Rogers and attorneys. But that didn’t necessarily disqualify them; only one juror was ultimately excused on the basis of their strong negative opinions regarding Musk.
“The reality is that many people don’t like him,” Gonzalez Rogers told the courtroom. She added that she believed Americans with negative feelings about Musk could still have integrity for the judicial process and decide the case fairly. The jury will help establish the core facts regarding whether Sam Altman and other defendants improperly steered OpenAI’s nonprofit venture away from its original mission, potentially violating the law in the process. But their verdict will be advisory—Gonzalez Rogers will have the final call.
The nine jurors that were ultimately selected represent quite a diverse group, including a painter, a former Lockheed Martin employee, and a psychiatrist. Some of them said they had negative opinions about artificial intelligence technology more broadly. In the end, however, all of the people selected assured the court that their outside opinions about Musk and AI shouldn’t interfere with their ability to determine the facts of the case.
OpenAI’s attorney William Savitt said at a press briefing afterward that he was satisfied with the jury the court settled on.
“Mr. Altman, Mr. Brockman, and OpenAI are looking forward to presenting their case to that jury. They’re confident in their position and are looking forward to the facts being known,” Savitt told reporters. “The hurdle we think we need to get over is just to present the truth here. We’ve got a story about what happened that is consistent with the facts, it’s consistent with the documents, and we just want the jury to see that.”
Musk is already trying to win his case in the court of public opinion. On Monday morning, the billionaire used his social media platform X to boost a recent New Yorker investigation into Altman’s alleged deceptive business conduct. The story is weeks old, and the fact that Musk promoted it on the first day of the trial is no coincidence. Earlier this morning, OpenAI’s official newsroom account published a post on X calling Musk’s lawsuit an “attempt to undermine our work to ensure that artificial general intelligence benefits all of humanity.” Meanwhile, demonstrators were outside the court protesting the AI race altogether and calling for a pause on further development.
On Tuesday, lawyers for OpenAI and Elon Musk will deliver opening statements, and the first witness in the case will be called to the stand.
This is an edition of Maxwell Zeff’s Model Behavior newsletter. Read previous newsletters here.
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