A jury was selected Monday during the first day of testing for Musk vs. Altman in federal court in Oakland, California. Some of the jurors ultimately selected expressed concerns about Musk himself, as well as the AI technology at the heart of the case, but assured the court they would put those concerns aside for the trial. The kickoff also catalyzed a series of shenanigans outside the courtroom.
OpenAI CEO Sam Altman and Chairman Greg Brockman were spotted in the security line inside the courthouse this morning, but Elon Musk was not found. A few dozen journalists crowded into an overflow room to listen to an audio feed of the proceedings.
The goal today was to select nine jurors who could be fair and impartial in this case – a particularly difficult challenge given that the main characters are among the most high-profile tech executives in the world. Several potential jurors said they had negative views of Musk when questioned by Judge Yvonne Gonzalez Rogers and attorneys. But that didn’t necessarily disqualify them; only one juror was ultimately excused due to his strong negative views of Elon Musk.
“The reality is a lot of people don’t like him,” Gonzalez Rogers said outside the courtroom. She added that she believes Americans with negative feelings toward Elon Musk can still demonstrate integrity in the legal process and decide the case fairly. The jury will help establish the essential facts about whether Sam Altman and other defendants improperly misappropriated OpenAI’s nonprofit business its initial missionpotentially violating the law in the process. But their verdict will be advisory: Gonzalez Rogers will have the last word.
The nine jurors ultimately selected represent a fairly diverse group, including a painter, a former Lockheed Martin employee and a psychiatrist. Some of them said they had negative views on artificial intelligence technology more generally. Ultimately, however, everyone selected assured the court that their outside opinions about Musk and AI should not interfere with their ability to determine the facts of the case.
OpenAI lawyer William Savitt said during a press briefing that he was pleased with the jury the court had chosen.
“Mr. Altman, Mr. Brockman and OpenAI look forward to presenting their case to this jury. They are confident in their position and look forward to the facts being known,” Savitt told reporters. “The hurdle we think we have to overcome is just presenting the truth here. We have a story about what happened that is consistent with the facts, it’s consistent with the documents, and we just want the jury to see that.”
Musk is already trying to win his case in the court of public opinion. On Monday morning, the billionaire took to his social media platform to boost a recent New Yorker investigation into Altman’s alleged deceptive business conduct. The story is several weeks old, and the fact that Musk promoted it from the first day of the trial is no coincidence. Earlier this morning, the official OpenAI editorial account published a job on X, calling Musk’s lawsuit “an attempt to undermine our work to ensure that artificial general intelligence benefits all of humanity.” Meanwhile, demonstrators were outside the court to protest the AI race and call for a pause on any further developments.
On Tuesday, lawyers for OpenAI and Elon Musk will deliver opening statements and the first witness in the case will be called to the stand.
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