- OpenAI co-founder Greg Brockman kept notes — what Elon Musk calls a diary — of Brockman’s thoughts regarding Elon Musk and his funding of OpenAI.
- Although Brockman’s diary is under seal, parts of them were quoted by Judge Gonzalez Rogers in her denial of OpenAI’s motion for summary judgment.
- Brockman’s musings could be interpreted in different ways, but one way would support Musk’s claim of fraud, the Judge ruled.
OpenAI co-founder Greg Brockman kept notes — what Elon Musk calls a diary — of Brockman’s thoughts regarding Elon Musk and his funding of OpenAI.
Although Brockman’s diary is under seal, parts of them were quoted by Judge Gonzalez Rogers in her denial of OpenAI’s motion for summary judgment.
From the Judge’s denial of OpenAI’s motion for summary judgment; Greg Brockman’s musings highlighted by me:
Brockman’s musings can be interpreted in different ways, some perhaps innocuous. But one interpretation would support Musk’s claim of fraud, the Judge ruled.
As outlined above, the statements in late 2017 and early 2018 included assurances that Altman “remained enthusiastic about the nonprofit structure” and again committed to that structure in conversation with Shivon Zilis. (Hawes Decl., Exs. 40, 41, 42, 43, 44.) So did Brockman. (Id.)
Judge Gonzalez Rogers denial of openai’s motion for summary judgment at p. 18
Brockman’s electronic notes could be read to suggest that Brockman intended to deceive on that same issue: he “cannot say that [he is] committed to the non-profit” because that representation would be “a lie” and Musk’s story would “correctly be that we weren’t honest with him in the end about still wanting to do the for profit just without him.” (Id., Ex. 43.) Those statements concern a potential representation of fact—the existence and maintenance of the non-profit structure of OpenAI. Any concerns about when those statements were made relates to Musk’s damages or the
limitations period, not actionability. The Court rejects OpenAI defendants’ arguments on those grounds.
