Jay Van Sciver

Day three of the OpenAI trial. Court hasn't even started and Elon's lawyer Molo is already on his feet trying to bring in an AI extinction expert. Stands up in front of the judge and says extinction risk is a real problem, this is a real risk, we all could die. Judge Gonzalez Rogers wasn't having it. Pointed out the obvious bit where Elon, despite these supposed risks, is currently running his own AI company. Then she dropped the line of the trial. I suspect there are plenty of people who do not want to put the future of humanity in Mr. Musk's hands. The judge dunked on Elon before he'd even been sworn in. Lmao. Then Savitt got up and asked why Elon hasn't started another AI nonprofit since leaving OpenAI's board back in 2018. Elon's answer under oath: why would I start another nonprofit when I already started a nonprofit. You don't have one though. That's the whole trial. He's suing because his nonprofit isn't a nonprofit anymore but in the same breath he's telling the jury he doesn't need to make a new one because he's already got one. Watching the logic eat itself in real time. Then the AGI bit. Elon swears under oath Tesla isn't pursuing AGI. Savitt calmly pulls up his X post from March 4, eight weeks ago, where Elon wrote Tesla will be one of the companies to make AGI and probably the first to make it in humanoid form. Elon had to sit there and watch his own tweet entered into evidence against him. By him. Then distillation. Savitt asks if xAI used OpenAI's models to train Grok via distillation. Distillation is explicitly banned by OpenAI's terms of service. Elon's first answer is well, generally AI companies distill each other. Savitt pushes him for yes or no. Elon goes partly. The guy suing OpenAI for breaking promises just admitted under oath in federal court that his own company broke OpenAI's TOS to build Grok. At this point he's basically a witness for the defence. Then the hypocrisy reel. Is Tesla socially beneficial. Yes. SpaceX. Yes. Neuralink. Yes. X. Yes. All for-profit, none capped. Then why did xAI start as a benefit corporation in March 2023 and quietly flip to a C corp. Elon doesn't have a clean answer. The guy suing over a nonprofit becoming for-profit is himself a serial flipper of nonprofit adjacent stuff into for-profits. Then the Tesla giveaway moment which is honestly my favourite. Savitt goes you were handing out free Teslas to OpenAI staff right when Brockman was pushing the for-profit ramp up, what's that about. Elon panics and clarifies on the stand that to be clear, I paid full price for the Teslas, I didn't get a discount. His emergency defence under oath was that he didn't get a deal on his own cars from his own factory. Lmao. Then Birchall takes the stand and the case actually gets cooked. OpenAI's lawyer asks about the donor advised funds at Vanguard and Fidelity that Elon used to send the money. Asks Birchall whether Elon had any legal right to direct where the money went once it hit the DAF. Birchall says I'm not a lawyer, I don't know precisely. The whole lawsuit hinges on Elon's 38 million creating a charitable trust he can enforce. It went through donor advised funds. DAFs legally don't work like that, once you donate the money it's not yours anymore. His own money manager just told the jury he doesn't actually know if Elon had any rights over that money at all. Letting Elon testify was a mistake. It's not looking good for him and it's only day 3 of active trial, lmao. Trial resumes Monday.