An Oakland jury has begun the process of deciding who’s less popular, Elon Musk or Sam Altman. (Or is there some way for both sides to lose?) While Silicon Valley’s trial of the century is billed as being about nonprofit governance, make no mistake: This is all about putting two of the most controversial men in the world on public trial and letting the lawyers have at it. From the initial disagreement to the coverage of the case, this is about emotion.
Musk’s lawyers tried to tell the story of a philanthropist whose charity was stolen and turned into a cash machine. OpenAI’s attorneys painted Altman and co-founder Greg Brockman as humble startup founders who labored to build OpenAI while Musk was largely absent. Then, they said the techno-king pulled his funding and hung them out to dry.
The tales make for great theater, but it’s ultimately just that. There is no important precedent to be decided here. It’s not like there’s an epidemic of startups launching as nonprofits with secret plans to become trillion-dollar companies. And even if the jury comes out against OpenAI, a judge is unlikely to shut down a company that has massive economic impact and is of strategic national interest.
It almost feels like ancient Rome — but in reverse. Instead of Gladiators fighting for our entertainment, the emperors are shadowboxing before an angry populace. So, sit back and enjoy the show.