Judge rules Musk texts to OpenAI leaders inadmissible at trial
Updated
Updated · TechCrunch · May 4
Judge rules Musk texts to OpenAI leaders inadmissible at trial
11 articles · Updated · TechCrunch · May 4
The filing said Musk warned Greg Brockman that he and Sam Altman would become “the most hated men in America” after failed settlement talks two days before trial.
OpenAI had sought to admit the exchange as evidence, but the judge excluded it while the case over the company’s for-profit structure and Microsoft licensing agreement continues.
Musk is seeking damages and changes to OpenAI’s business model, while OpenAI counters that the lawsuit is aimed at extracting money and hobbling a rival.
Why did Musk sue OpenAI for its for-profit model after pushing for it to become Tesla's 'cash cow'?
With its Microsoft deal now non-exclusive, is OpenAI's battle with Musk just a sideshow to its real business strategy?
Musk-OpenAI Trial Highlights Legal Battle Over AI’s Nonprofit to For-Profit Shift
Overview
In late April 2026, Judge Yvonne Gonzalez Rogers excluded Elon Musk's threatening text messages sent during settlement talks with OpenAI, citing Federal Rule of Evidence 408 to protect negotiation confidentiality. This ruling removed a key piece of evidence OpenAI hoped to use to prove Musk's personal animosity, forcing them to rely on less direct proof. Despite the exclusion, Musk's aggressive social media behavior has shaped public perception of hostility, prompting the judge to warn him against inflammatory comments. Meanwhile, OpenAI plans to introduce other evidence, including co-founder Greg Brockman's testimony and diaries, as the trial continues under strict judicial oversight, highlighting the complex clash between legal strategy and public narrative.