Judge Restricts Ketamine Questions in Elon Musk's OpenAI Trial
A US judge has issued a significant ruling that will prevent lawyers from OpenAI and its CEO, Sam Altman, from questioning Tesla CEO Elon Musk about his alleged use of the drug ketamine during his upcoming trial against the artificial intelligence company. This decision comes as part of the legal dispute over OpenAI's shift away from its original nonprofit structure.
Details of the Judicial Ruling
According to a Bloomberg report, Judge Yvonne Gonzalez Rogers made this ruling during a hearing in Oakland, California. She stated that the topic of Musk's ketamine use is irrelevant to the case unless OpenAI can provide stronger evidence linking it to the negotiations in question. The judge did, however, indicate that she might allow limited questioning about Musk's visits to the Burning Man festival, where drug use is known to occur, as OpenAI lawyers argued that "a lot of significant communications" took place during those events.
William Frentzen, representing OpenAI from Morrison & Foerster, noted that Musk had been unable to recall during his deposition whether he had taken ketamine during specific negotiation periods. Musk has previously acknowledged using ketamine under a prescription several years ago but denied recent use, though media reports have suggested recreational drug involvement.
Background of the Legal Case
The trial, scheduled to begin on April 28, will delve into the early years of OpenAI, the deterioration of Musk's relationship with the company, and Microsoft's subsequent $13 billion investment. A jury will examine Musk's allegation that OpenAI co-founders Sam Altman and Greg Brockman misled him about maintaining the organization as a nonprofit when he donated approximately $38 million in its initial stages.
Musk is seeking damages of up to $134 billion from OpenAI and Microsoft, claiming he is entitled to a portion of the company's current valuation due to his early funding. Both companies have firmly denied these allegations, arguing in a January filing that Musk's demand represents up to 2,900 times his original investment.
Expert Testimony and Damages Assessment
Judge Rogers has permitted testimony from Musk's expert witness, financial economist C. Paul Wazzan, who prepared estimates suggesting Musk could be owed between $79 billion and $134 billion in profits. However, the judge expressed skepticism about Wazzan's report, stating, "Do I find it convincing? Not really, not particularly persuasive."
OpenAI and Microsoft's lawyers have criticized Wazzan's methodology as "made up" and "unverifiable," calling the proposed outcome "implausible on its face." The judge also ruled that any damages determined by the jury will likely be advisory, with her making the final decision after the trial, and she may prevent Musk from pursuing additional punitive damages.
Trial Logistics and Witnesses
The trial is expected to last about four weeks and may feature testimony from several high-profile technology figures, including Sam Altman, Elon Musk, Greg Brockman, Ilya Sutskever, Shivon Zilis, Satya Nadella, and former OpenAI chief technology officer Mira Murati. Judge Rogers emphasized that all witnesses, regardless of their prominence, must enter the courthouse through the public entrance and will not receive special treatment.
In an unusual move, the judge also ordered that both sides in the case be responsible for paying for the jury's lunch during deliberations, a cost typically covered by the court, remarking, "You have plenty of money to pay for it."
This case highlights the intense legal and financial stakes involved in the evolution of OpenAI from a nonprofit to a for-profit entity, with Musk's claims centering on alleged breaches of trust and contractual obligations during the company's formative years.
