Fancy Butt Cushions Are Essential at the Musk v. Altman Trial

Fancy Butt Cushions Are Essential at the Musk v. Altman Trial

The final witnesses provided their testimony on Wednesday in the Musk v. Altman trial. The statements were rather uneventful, save for the revelation that Microsoft has poured over $100 billion into its collaboration with OpenAI. More captivating, though, is a point my colleague Maxwell Zeff and I have been reflecting on after nearly three weeks of following the trial.

The courtroom features a variety of seat cushions.

On the right side of US District Judge Yvonne Gonzalez Rogers’ courtroom, a number of wooden benches are designated for the attorneys, executives, and team members from OpenAI and Microsoft. Roughly 10 individuals, including OpenAI CEO Sam Altman and general counsel Che Chang, have utilized plush black cushions, the most luxurious being from the Purple brand, retailing for $120 at Target. These cushions come in different shapes, with some having rounded edges while others are square. On Wednesday, Chang adjusted one behind his back, a rare adjustment during such proceedings.

OpenAI President Greg Brockman and his wife, Anna, have been present for much of the trial, consistently using pristine white pillows. The pillows, recognized by their tags, seem to be from Coop, a brand specializing in sleep products that offers a two-pack for $35.

On Wednesday, an OpenAI security guard brought a purple handbag into the courtroom, holding a pillow for each Brockman. Anna swiftly handed her husband a pillow before arranging her own. At the same time, OpenAI chief futurist Joshua Achiam took Brockman’s seat later on but initially did not have a pillow until he eventually acquired a standard black cushion.

OpenAI has not responded to requests for comment from WIRED.

A seasoned technology attorney informed WIRED that cushions aren’t “typical” but noted, “it’s not out of left field.” He personally hasn’t witnessed lawyers utilizing cushions or pillows in his cases, although he has never been part of a trial this extensive.

The main litigators enjoy fairly comfortable leather chairs, though they show signs of wear, hinting that the cushioning may not be as supportive as it seems.

During my last significant time in the courtroom in 2021 for parts of the Epic Games v. Apple trial, Covid-related capacity restrictions allowed for ample space. This time, however, the courtroom is almost at its capacity of 150, with bench seating for around 90 attendees.

About an hour into my initial trial day in late April, I thought of bringing my own cushion because of the rigid benches but hesitated for fear of appearing weak. None of the regular reporters, around two dozen including one who was pregnant, initially used cushions. I withstood six days of growing discomfort.

After an uncomfortable morning last week, I decided to try a “cooling” cushion from the Tokyo Olympics. It was too small and thin to provide any real relief. My back particularly ached as I typed notes on the Musk-themed jackass trophy, which allegedly once had its own pillow.

In the end, I gave up on the cushion. However, one reporter from the New York Times eventually gave in to using one, and the courtroom artist, equipped with a colorful cushion, continued to utilize theirs. Perhaps I’ll discover a more suitable solution by next week when Gonzalez Rogers considers potential penalties.

Maxwell Zeff contributed to this report.

This article is part of Maxwell Zeff’s Model Behavior newsletter. Find previous editions here.

xAI Purchases 19 Gas Turbines During Continuing Legal Dispute

xAI Purchases 19 Gas Turbines During Continuing Legal Dispute

xAI has incorporated 19 natural gas turbines into its second data center campus located in Southhaven, Mississippi, over the last two months, as per internal emails reviewed by WIRED. These additions come amidst xAI’s ongoing legal battle with the NAACP and various environmental organizations, claiming the company is breaching the Clean Air Act by operating over twenty natural gas turbines at the location without the necessary air permits. Correspondence between an official from the Mississippi Department of Environmental Quality and a representative from Trinity Consultants, acquired through a public records request by the Southern Environmental Law Center and shared with WIRED, reveals that xAI set up 19 portable gas turbines on its Southaven site between late March and early May. This raises the total count to 46 turbines at the site. A spreadsheet attached in the email to MDEQ includes a column titled “Total Power Output” that seems to enumerate the megawatt capacity of each turbine on the premises. xAI appears to have added on more than 500 megawatts of natural gas turbines since mid-March. Combusting natural gas can emit greenhouse gases and deteriorate air quality. Officials from the MDEQ and xAI did not respond to WIRED’s request for comments. The introduction of the new turbines to the site, referred to as Colossus 2, was initially reported by Mississippi Today. “As noted by the facility, all portable/temporary turbines are outfitted with control technology to reduce emissions,” agency spokesperson Jan Schaefer informed Mississippi Today. “MDEQ is assessing the situation and will notify the facility when it can no longer install additional portable/temporary turbines on-site.” In April, the NAACP, in conjunction with the SELC and Earthjustice, initiated a lawsuit against xAI, asserting that the company had been managing a “private power plant” in Southaven by operating 27 gas turbines without the required permits. Ben Grillot, an attorney with SELC, states that the organization identified six more turbines at the site during a drone flyover in April. It was only after reviewing the MDEQ emails that the team discovered the presence of 19 additional turbines. Based on the dates in the email reviewed by WIRED, eight of the 19 new turbines, amounting to over 200 megawatts of output, were installed following the lawsuit filing. The original xAI location, Colossus 1, situated just across the state border in Memphis, Tennessee, faced significant backlash in 2024 after residents claimed that gas turbines at that site were operating without a permit. Colossus 1 is located in Boxtown, a historically Black neighborhood that has long struggled with air quality issues. Regulators in both Tennessee and Mississippi have indicated that due to the non-stationary nature of xAI’s turbines, the company has a year to utilize them without permits in accordance with the Clean Air Act. Last July, Memphis’ local health department granted a permit for the turbines at the Colossus 1 location, despite considerable community opposition. In March, confronted with similar community protests, the MDEQ issued an air permit for the Southaven site to operate 41 gas turbines. (SELC contends that the 27 turbines cited in its lawsuit and those added to the site in recent months are not included in this permit. Neither xAI nor the MDEQ provided answers to WIRED regarding whether the turbines mentioned in the emails are encompassed by the air permit approved in March.) Drone footage and public records obtained by the news outlet Floodlight indicate that several turbines at the site were operational in the weeks leading up to the permit approval by the MDEQ.

Elon Musk Contemplated Bequeathing OpenAI to His Children, States Sam Altman

Elon Musk Contemplated Bequeathing OpenAI to His Children, States Sam Altman

Sam Altman appeared in court on Tuesday during the Musk v. Altman trial, being questioned by lawyers for Elon Musk regarding his purported past of misleading conduct. The cross-examination held great importance for Musk, who has faced difficulties in presenting a solid case. Altman addressed claims from former associates questioning his reliability.

Emphasizing this proof is vital for Musk, not only for prevailing in the lawsuit but also in the realm of public perception. Just days prior to the trial, Musk messaged OpenAI president Greg Brockman, insinuating that they might soon “be the most hated men in America.”

Musk’s legal action alleges that Altman misappropriated the OpenAI charity, rerouting Musk’s $38 million contribution to establish a for-profit enterprise valued at over $850 billion.

However, on Tuesday, minimal evidence was provided to back Musk’s claims. Both Altman and Sam Teller, Musk’s former chief of staff, stated they did not remember Musk imposing any stipulations on his donations to OpenAI. It seems that Musk initiated his lawsuit too late, years after suspecting a breach of charitable trust, with the statute of limitations having lapsed.

Brockman, his spouse Anna, and OpenAI’s chief futurist Joshua Achiam were present in the audience. Nonetheless, Musk did not remain for Altman’s testimony, as flight records indicate he headed to the Washington, DC, area before a trip to China with President Donald Trump.

Before engaging with Musk’s lawyers, Altman shared his perspective through inquiries from OpenAI’s attorneys. He portrayed himself as an entrepreneur passionate about the potential of AI. He asserted that Musk has consistently aimed to dominate OpenAI, recounting an eerie incident when Musk suggested transferring control to his children in the event of his death. Altman detailed Musk’s 2018 effort to establish an AI division at Tesla, offering Altman a position in it, as a subtle threat to OpenAI’s survival.

Intense Questioning of Altman

Musk’s attorney, Steven Molo, initiated the cross-examination by questioning Altman’s trustworthiness. Altman affirmed his belief in his own reliability but stated it’s up to the jury to reach a conclusion. The dialogue progressed:

Molo: Do you consistently speak the truth?

Altman: I’m certain there are times in my life when I have not.

Molo: Do you fabricate stories to promote your business interests?

Altman: No.

How Shivon Zilis Functioned as Elon Musk's OpenAI Insider

How Shivon Zilis Functioned as Elon Musk’s OpenAI Insider

As the first week of the Musk v. Altman trial wraps up, one individual has emerged as vital in managing communications and personalities during OpenAI’s early days: Shivon Zilis. A long-time associate of Musk and mother of four of his kids, Zilis became an adviser to OpenAI in 2016, later sitting on its nonprofit board from 2020 to 2023, and has also held executive roles at Musk’s other companies, Neuralink and Tesla.

In court, Musk referred to Zilis as a “chief of staff,” “close adviser,” and noted that “we live together, and she’s the mother of four of my children,” although Zilis mentioned in a deposition that Musk is more like a regular guest. Last September, she told OpenAI’s attorneys that she and Musk started their romantic relationship around 2016 after she began advising OpenAI. They welcomed their first two children in 2021.

OpenAI’s lawyers claim that Zilis has acted as a clandestine link between OpenAI and Musk, even after he departed the board in February 2018. In a text message to Musk on February 16, 2018, Zilis inquired whether she should “stay close and friendly to OpenAI to keep info flowing,” to which Musk responded, “Close and friendly, but we are going to actively try to move three or four people from OpenAI to Tesla.”

On the witness stand, Musk expressed his desire to stay informed of developments. During the same conversation, Musk voiced skepticism about OpenAI’s future if he concentrated on Tesla AI. Zilis concurred, citing concerns regarding Demis Hassabis of Google DeepMind. She emphasized the necessity of exerting influence over Hassabis due to the potential dangers of AI advancement.

Two months later, in an April 23, 2018 email, Zilis updated Musk on OpenAI’s fundraising and a new AI initiative. She indicated a shift of her focus more towards Neuralink and Tesla but was willing to reallocate her attention based on Musk’s desires.

Previously, in the summer of 2017, Musk attempted to assert control during discussions about OpenAI’s corporate framework. In an August 28, 2017 email, Zilis communicated about her meeting with OpenAI’s leadership concerning equity distribution. Musk replied, “This is very annoying. Please encourage them to go start a company. I’ve had enough.”

Certain Jurors in the Musk v. Altman Case Have an Aversion to Elon Musk

Certain Jurors in the Musk v. Altman Case Have an Aversion to Elon Musk

A jury was selected on Monday as the trial of Musk v. Altman commenced in a federal court in Oakland, California. Some of the jurors indicated concerns regarding Musk and the AI technology at the heart of the case, yet assured their ability to put these aside for the duration of the trial. The trial’s commencement also triggered a series of events outside the courtroom.

Sam Altman and Greg Brockman from OpenAI were spotted in the courthouse security line, with Elon Musk notably absent. Journalists crowded into an overflow room to catch an audio feed of the proceedings.

The goal was to select nine unbiased and fair jurors, a daunting task given the prominence of the tech leaders involved. Although many jurors expressed unfavorable opinions about Musk, the majority were not disqualified, though one was excused due to strongly negative feelings toward Musk.

Judge Yvonne Gonzalez Rogers recognized that numerous individuals held negative perceptions of Musk but maintained that jurors with such views could still support the judicial process. The jury will determine whether Altman and others diverted OpenAI’s nonprofit mission from its original purpose, potentially violating the law. Their verdict will be advisory, with Gonzalez Rogers making the ultimate decision.

The selected jurors represent a varied group, including a painter, a former employee of Lockheed Martin, and a psychiatrist. While some held negative views on AI technology, they assured the court that these would not hinder their ability to ascertain the facts.

OpenAI attorney William Savitt expressed his satisfaction with the jury selection process. He conveyed that Altman, Brockman, and OpenAI are keen to present their case and are confident in their position, aiming to reveal the truth.

In the meantime, Musk is actively seeking public backing, utilizing his social media platform X to promote a New Yorker inquiry into Altman’s supposed business misconduct. This aligns with OpenAI’s newsroom account describing Musk’s lawsuit as an effort to derail their mission to ensure that AI benefits humanity. Demonstrators outside the court demanded a halt to AI development.

The trial proceeds on Tuesday with opening statements from attorneys and the first witness taking the stand.

Elon Musk's XChat App Looks More Like Facebook's Messenger Than Signal

Elon Musk’s XChat App Looks More Like Facebook’s Messenger Than Signal

Elon Musk utilized Friday to share critiques of rivals after the debut of the XChat app, a standalone messaging service for X users. “Signal, WhatsApp, Telegram, and iMessage all have significant security issues,” stated a message Musk shared, asserting that “XChat is the sole secure, encrypted messaging application.” Encryption specialists I consulted voiced measured skepticism regarding XChat’s implementation and supported other platforms like Signal.

A primary worry concerning XChat is that users are required to link an existing X account for login. “I’m somewhat wary of that since more data points equate to more tracking,” remarks Maria Villegas Bravo from the Electronic Privacy Information Center. She perceives Musk’s earlier criticisms of other apps as self-serving.

When Musk initially presented XChat as an upgraded, encrypted version of X direct messages, security professionals raised concerns about the storage of users’ cryptographic keys on X’s servers. “Considering XChat’s track record of security flaws, I would hesitate to use it until it undergoes a comprehensive audit,” states Cooper Quintin from the Electronic Frontier Foundation.

Musk aims for the discussion to zero in on which encrypted messaging app reigns supreme. However, after trying XChat, it feels more akin to Facebook’s Messenger. Rather than launching an elegant, new application, Musk revealed a straightforward extension of his social media platform that features encrypted messaging.

When the XChat team disclosed the app’s launch, the initial release date on Apple’s App Store was set for April 17 but was postponed several times before its surprise launch on April 24. The appropriate app did not consistently appear in searches, with a Russian-language app called “XChat App” briefly ascending Apple’s download rankings. “Scam app,” cautioned one user review.

Upon XChat’s eventual launch, access was initially restricted to the U.S., leaving U.K. users feeling disappointed. “UK should be live soon; had one issue,” wrote X’s head of product, Nikita Bier. Bier attributed the confusion early downloaders faced during the onboarding process to Apple.

After downloading XChat, I found it challenging to locate contacts to message. None of my top iMessage contacts possess X accounts, emphasizing XChat’s niche attraction. After revisiting my old DMs, I revived a few conversations. Following my messages, a pop-up confirmed, “This conversation is now end-to-end encrypted.” Despite this, no responses were received, just some emoji reactions.