All evidence revealed so far in Musk v. Altman

The Musk v. Altman trial has officially begun, and with it comes a steady release of evidence that offers a rare, behind-the-scenes look at the earliest days of OpenAI. Emails, photographs, and corporate documents are now circulating, painting a vivid picture of the AI lab’s origins, even before it had a formal name. Key revelations so far include Nvidia CEO Jensen Huang supplying a coveted supercomputer, Elon Musk largely authoring OpenAI’s mission and shaping its early structure, and Sam Altman pushing for heavy reliance on Y Combinator for initial support. Tensions also emerged early, with OpenAI president Greg Brockman and co-founder Ilya Sutskever expressing concerns about Musk’s level of control, while Musk himself stressed the importance of a nonprofit dedicated to broadly beneficial AI.

The high-profile lawsuit, which began its jury trial on Monday in a California federal court, names Altman, Brockman, and OpenAI investor Microsoft as defendants. The allegations include breach of charitable trust, fraud, and unjust enrichment. At its core, however, the case questions whether OpenAI has strayed from its founding mission: ensuring that artificial general intelligence (AGI),AI systems that match or surpass human intelligence,benefits all of humanity. This marks the latest chapter in a years-long legal battle by Musk, who co-founded the lab with Altman and Brockman and was an early investor. Musk also leads xAI, a direct competitor to OpenAI, which is owned by parent company SpaceX.

Former employees and industry insiders are closely watching the trial, as a jury verdict could significantly impact how OpenAI operates and controls its rapidly advancing technology. Both OpenAI and SpaceX are reportedly racing to go public this year, heightening public scrutiny.

The discovery process has already unearthed revealing communications between AI executives, from Altman’s emails with Sutskever to Brockman’s personal diary entries, and even texts between Meta CEO Mark Zuckerberg and Musk. Now, with the trial underway, even more evidence is set to be unveiled.

Here is a comprehensive list of the exhibits made public so far, with the most significant items highlighted. The Verge will continue to update this list as new evidence emerges.

June 2015: Altman and Musk Exchange Plans Altman outlines a five-part plan for an AI lab with a mission to “create the first general AI and use it for individual empowerment.” He suggests starting with seven to ten people in a Y Combinator building, with a governance board including himself, Musk, Bill Gates, Pierre Omidyar, and Dustin Moskovitz. Altman proposes that technology would be owned by a foundation and used “for the good of the world,” with researchers receiving “significant financial upside” through Y Combinator equity. He also mentions a “regulation letter” and offers to leave Musk off as a public signatory. Musk replies, “Agree on all.”

October 2015: Altman Proposes $100 Million Commitment Altman suggests a $100 million commitment from Musk, with an additional $30 million over five years. He notes that Bill Gates is not yet committed but hopes to secure him, while Mark Zuckerberg likely won’t participate due to his own AI lab, FAIR. Altman proposes a “second key” safety board for dangerous releases. Musk responds by emphasizing governance, stating, “I don’t want to fund something that goes in what turns out to be the wrong direction.”

November 2015: Musk’s Vision for the Lab Musk recounts a “great call with Greg [Brockman]” and proposes creating the lab as an “independent, pure play 501c3” focused on the positive advent of strong AI. He suggests cash salaries and bonuses, with options to convert to Y Combinator or SpaceX stock. Musk also offers “insane amounts of real world sensor data” from Tesla. His first suggested name is “Freemind,” contrasting with DeepMind’s approach. He commits to dedicating significant time, saying, “If I really believe that this is potentially the biggest near-term existential threat, then action should follow belief.” Altman suggests names like “Axon” or something related to Alan Turing, but Musk warns against the “Turing Test” association.

December 2015: Drafting OpenAI’s Mission Musk and Altman exchange drafts of OpenAI’s mission and press release. Musk emphasizes that the “whole point of this release is to attract top talent.” His draft notes that “the outcome of this venture is uncertain and the pay is low,” while Altman writes, “because we don’t have any financial obligations, we can focus on the maximal positive human impact.” The final version largely follows Musk’s original draft.

December 8, 2015: Articles of Incorporation OpenAI’s official filing states it “shall be a nonprofit corporation organized exclusively for charitable purposes” with the goal of ensuring AGI benefits all of humanity. It emphasizes that technology will be distributed for public benefit and that the corporation is not organized for private gain.

April 2016: Musk and Jensen Huang Musk asks Nvidia CEO Jensen Huang if OpenAI can buy an early unit of a supercomputer, clarifying that “OpenAI is unaffiliated with Tesla. It is a non-profit funded by me and a few others.” Huang responds, “I will make sure OpenAI gets one of the first ones.” A photo shows Huang dropping off the computer, with Musk nearby.

August 2017: Tensions Over Control Shivon Zilis, Musk’s chief of staff and later a board member, summarizes a meeting with Brockman and Sutskever. She notes they are fine with Musk spending less time and having less control, or more time and more control, but not less time and more control. They worry about Musk’s absolute control, asking, “Is the requirement for absolute control?” The key non-negotiable is an “ironclad agreement” to prevent any single person from having absolute control over AGI. Musk responds, “This is very annoying. Please encourage them to go start a company. I’ve had enough.”

September 2017: Proposed Equity Split Jared Birchall, a Musk adviser, shares a cap table proposal from Sutskever and Brockman. It shows Musk with 51.20% equity, with Altman, Sutskever, and Brockman each holding 11.01%. Reserved equity for employees is also listed, with each initial employee’s name and proposed amount.