Elon Musk tried to steer the tone of his lawsuit against OpenAI through a text‑message exchange that never saw the courtroom. On May 2, two days before the trial’s opening, the Tesla and SpaceX founder messaged OpenAI co‑founder Greg Brockman, proposing that the parties settle the dispute. Brockman replied, suggesting both sides drop their suits, but the conversation quickly escalated.

According to a filing submitted by OpenAI’s legal team on Sunday, Musk responded with a warning: “By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.” The message was aimed at OpenAI’s president and co‑founder Greg Brockman and chief executive Sam Altman.

OpenAI’s attorneys attempted to introduce the text chain as evidence, arguing that it demonstrated Musk’s willingness to coerce settlement and threatened the defendants’ reputations. The filing, however, did not include the actual messages; instead, it focused on persuading the judge that the exchange should be admitted.

U.S. District Judge John H. McDonough, overseeing the case in California, rejected the request. He ruled the texts inadmissible, a decision reported by TechCrunch reporter Tim Fernholz, who is covering the trial on site. The judge’s order effectively removed the exchange from the record, limiting the parties’ ability to use it to shape the narrative of the dispute.

Musk’s lawsuit seeks sweeping relief: it asks the court to unwind OpenAI’s for‑profit structure, compel the company to make its artificial‑intelligence models publicly available, terminate Microsoft’s licensing agreement, and award Musk general, compensatory, and punitive damages plus attorney’s fees. The filing paints the suit as a fight for AI safety and open access, but OpenAI’s countersuit argues that Musk’s real motive is financial—leveraging the company’s success to extract a large settlement while weakening a competitor.

The dispute has drawn intense scrutiny from the tech community. Observers note that the timing of Musk’s texts—just before the trial—suggests an attempt to pressure OpenAI into a quick settlement. The judge’s refusal to admit the messages may limit Musk’s leverage, forcing the case to proceed on broader legal arguments rather than personal threats.

As the trial continues, both sides are preparing their arguments. OpenAI’s legal team is focusing on the merits of the lawsuit, including the alleged violation of its corporate structure and licensing agreements. Musk’s counsel, meanwhile, is likely to emphasize the broader policy implications of a private AI firm holding powerful technology behind a corporate wall.

The outcome could reshape how AI companies are regulated and how competitors can challenge each other’s business models. For now, the courtroom drama proceeds without the incendiary text messages that Musk tried to use as a bargaining chip.

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