The Exchanges

Q Uh, talk about the, the, the fans. Are there really Elon Musk fans in the courtroom? Like what, what motivates someone to go and watch that live? Is this their UFC front row ticket? Like why are they there?

A Uh, so you guys would have fun. Like, it actually is, a lot of court cases are boring to people who don't care about this stuff, right? Like, you and I may be super into, like, the FTC trial was super fun for me because it's like, oh my god, Mark Zuckerberg emailing Sheryl Sandberg and talking about PATH. Like, this is incredible. And like, the average person has no idea what we're talking about. But this is like a circus. There are people who genuinely love Elon, Or are genuinely worried about the end of the world happening. Um, and I think it's a really good thing that there's public access to these courts. Like, I think, like, the average person can come in and show up, and that's what, I think after the, the buzz of Twitter and, like, people seeing that this is an event, we got a much longer lines, and, like, folks who are local, like, just, like, I know a PM in tech from Meta that came, I know, like, a guy from Box made it in, Uh, just, if you get a seat, if you get there early enough, then you can get a seat, and you can just hang out. It's like, and I think it's really great. I think it's great that people are, yeah, are there for it, you know. It shouldn't just be me.

AI assessment note: “There are people who genuinely love Elon, Or are genuinely worried about the end”

Q I, I didn't understand why, why is the jury just, like, giving, like, an advisory decision? What is the history of, like, why do you, why do you have a jury when the judge is ultimately going to make the final call? It feels like just kind of putting on, like, a show, because, like, theoretically, the judge could just Sit through a bunch of depositions and make a call.

A Sure. No, I, I think, um, so I do think they want More often than not, want a jury of these CEOs and company peers to be the deciding factor in what they feel like is good for a civil claim. Like, that, I think, is fairly standard, but to your point, um, the judge can throw out their verdict, which is, like, is, and judges, I don't think, tend to want to do that because, like, they want to have reliance on, this is the public, the public should have a say in what goes or whatever, But, uh, the judge can do that. I will say, also, she is responsible for, uh, if they're, if Elon, or sorry, if OpenAI is found liable, judge decides on remedies, damages, and things like that, so she still has an active role in that regard, and in steering the case. But I really do think that, uh, courts often prefer, or often appreciate A peer, a jury of your peers making some of these decisions. So I don't think it's going to be, like, completely disregarded is what I would say.

AI assessment note: “courts often prefer, or often appreciate A peer, a jury of your peers making some of these decisions.”

Q Sorry, rewinding a second, did, did they bid, did they bid on the PBC, like the, the for-profit arm?

A Yeah, it was the, yeah, and they, they wanted to just sort of I, I don't actually know what their plans were afterwards, but like, it was like trying to take over the asset, those assets basically, and then, uh, you know, morph it into what they, I mean, and they knew that it wasn't gonna get accepted as a bid basically, but it was like, uh, and then Burchall, sorry, Burchall in court was saying this was us trying to sort of establish a pricing, uh, mechanism to like value the actual entity itself, and that was gonna, Help them somehow. I actually am not quite sure how that would help them somehow, but, uh, someone in the chat is probably smarter than me on that, but, like, it was them trying to sort of take that over, and I think OpenAI said publicly at the time, this is, like, a stalling tactic. They're trying to, like, slow us down while also using this in court in this concurrent lawsuit later, basically. So it's all, like, really Messy, and I think even Musk's side took a risk there if those emails get into discovery, but it's unclear to me if that's gonna happen. If we, if they are, then we may see them next week.

AI assessment note: “Yeah, it was the, yeah, and they, they wanted to”

Q And you said Birchall was very dry. Like, was that intentional? That feels like that does not work in favor of, like, swinging a jury? Was that more for the judge? Like, what was the goal of that, uh, of that, uh, testimony?

A I think it was to really just sort of show how Musk was trying to set up this, like, like, structure things as a non, non-profit, and like, hammer home, like, he's always wanted it to be a non-profit, and he's not sort of like, so it was, it was, uh, I believe it was Musk's witness who OpenAI then cross-examined, and OpenAI used the occasion to Show an email that had, like, a proposed equity structure for Musk, and so, like, they both kind of used him differently, but I think, like, Burchall's like a, essentially an accountant books guy, like, behind the scenes, so I think it was like, here's the people behind the curtain, here's how they were dealing with the finances, here's how, uh, Musk was like, this is only a charity, and then, uh, opening eyes lawyers were like, actually, Check this shit out. So, I, but I think, like, I don't, I honestly don't know. They also struck some of his testimony because, this is a little complicated, but if you remember last year, OpenAI, or, um, Musk made a bid with Ari Emanuel and some other companies. That's right, to buy the whole company. And that, uh, opened the door, or that sort of, um, complicates, uh, things for Musk's side, because there might be, uh, some of those discussions around that bid admitted into evidence, and that may not be good for Musk, because if there's, like, weird compromising emails in there, so, like, it's gotten c…

AI assessment note: “I think it was to really just sort of show how Musk was trying”