The last latecomers testified Wednesday before Musk vs. Altman trial. The witnesses generated few waves, aside from the revelation that Microsoft has so far spent more than $100 billion on its partnership with OpenAI. Rather than focus on that, I wanted to share with you a candid observation that my colleague Maxwell Zeff and I can’t stop talking about after spending nearly three weeks watching the trial.
The courtroom is littered with butt cushions.
Several of the hardwood benches on the right side of U.S. District Judge Yvonne Gonzalez Rogers’ courtroom are reserved for lawyers, executives and other members of the defense team for OpenAI and Microsoft. About 10 people, including OpenAI CEO Sam Altman and general counsel Che Chang, enjoyed thick black cushions, the softest of them from the Purple brand; $120 from Target – it saves their butts from hours of sitting. Some cushions have rounded corners, while others are square. On Wednesday, Chang even put one behind his back, a less common but not unprecedented move in the courtroom.
OpenAI President Greg Brockman and his wife, Anna, watched a considerable portion of the trial and were both big users of the crisp white pillows. Judging by the labels peeking out from the seams, the pillows appear to be from the sleeping product brand Coop, which sells a two-pack of down alternative pillows for $35.
On Wednesday, an OpenAI bodyguard carried a purple purse into the courtroom, with a pillow for each of the Brockmans. Anna gave her husband just a minute to suffer in oblivion without a pillow before discreetly passing him one and placing his own. I felt bad for Joshua Achiam, OpenAI Chief Futuristwho then took Brockman’s seat but didn’t get any of the pillows. (Achiam ended up getting one of the more standard black cushions.)
OpenAI did not immediately respond to WIRED’s request for comment.
A longtime tech attorney told WIRED that using cushions or pillows isn’t exactly “usual,” but noted that “it’s not totally out of left field.” Personally, he says, he has never seen lawyers use pillows or cushions in his trials, but then again, he has “never been involved in a trial that lasted as many days as this one.”
The main litigants in this case sit in relatively luxurious leather chairs, although a few show signs of fraying, so perhaps the padding is not as sturdy as it appears.
My last time in this courtroom for hours was in 2021, covering parts of the Epic Games vs. Apple Trial. But capacity was limited at the time due to Covid issues, so I had plenty of room to spread out. This time, the courtroom was filled almost to maximum capacity – about 150 people – including booths for up to 90 people.
I thought about bringing my own cushion about an hour into my first day of testing in late April because, well, these benches are deeply uncomfortable. But I didn’t want to appear weak. Of the two dozen journalists regularly present, including one who is pregnant, none seemed to bring cushions, at least at first. So I did a six day run with my butt and back getting more sore by the minute.
Last week, after a particularly brutal morning, I finally decided to get help. I couldn’t find the well-padded seat cushion meant for stadium stands, so I settled for a “cooling” cushion passed out at the scorching outdoor venues of the Tokyo Olympics. About two seconds after using it Wednesday morning for the first time, I deemed it counterproductive. It was too small and too thin to offer any relief. My back was particularly stressed when I furiously typed notes on the jackass trophy inspired by Muskwhich would once have had its own pillow.
Four hours later, I ditched the pillow altogether. But I noticed that a New York Times reporter finally gave in, as did the courtroom artist – who has a particularly colorful cushion – who remained seated on their pillows. Maybe I’ll find a better remedy next week, when Gonzalez Rogers hears the arguments over potential sanctions.
Maxwell Zeff contributed to this report.
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