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good morning from downtown oakland’s federal courthouse on day four of the Musk v. OpenAI trial! we’re heading into the court now. please follow me and @CadeMetz for live updates and even more colorful tweets today… <a target="_blank" href="https://www.nytimes.com/live/2026/04/30/technology/openai-trial-sam-altman-elon-musk?unlocked_article_code=1.e1A.CCYA.XXncvqeET-UM&smid=nytcore-ios-share" color="blue">nytimes.com/live/2026/04/3…</a>
a *colorful* crowd Musk is expected to testify again One woman walking around taking selfies and vaping. three students were discussing the Kalshi odds of which side willl win. one TV news producer may have tried to cut in line (twice!) i got here at six and told her to beat it
also here is today’s lunch: roasted tomato and corn pizza from “Sliver,” Orange you glad i didn’t say banana, water
musk has arrived. here is a bad quality photo of him from my spot in line
here’s slightly better photos of Sam Altman and Greg Brockman
actually I take that back all of my photos are terrible, I apologize and defer to my photoJournalist friends
i am not really sure how often lawyers try to endear themselves to judges but Musk's lawyer, Steven Molo, does not seem to be trying to do that right now he's trying to get "extinction risk" discussion into the court discussion. "This is a real risk. we all could die."
lmao -- OpenAI's lawyer piped up and both him and Musk's counsel started raising their voices until the judge said they all need to shut up nothing like being dressed down as an adult
judge Gonzalez: "I suspect that there are a number of people who do not want to put the future of humanity in Mr. Musk's hands. But we're not going to get into that. This is not a trial on the safety risks of artificial intelligence."
also i forgot to bring my butt pillow. really fucking up already even four days in
OpenAI's counsel, Bill Savitt, needles Musk by playing a video of musk's pre-trial deposition. musk said yesterday that he had read a summary of a term sheet. in the deposition musk said he had not read the termsheet. Savitt trying to establish Musk is an unreliable witness.
okay musk getting annoyed with savitt already by saying he "cuts me off all the time" in his answers
savitt spending lots of time going back and forth btwn what Musk said in his deposition and what musk said on the stand. Savitt clearly wants the jury to think Musk cannot be relied upon to give credible testimony. Musk's annoyance appears to rise by each subsequent answer.
once Musk gets frustrated enough, he reverts to the same line, "You just cant steal a charity." the judge isn't having it. savitt asks to strike his repeated comment from the record as nonresponsive, and judge tells musk to actually answer the questions he's being asked.
From my seat in the back rows of the courtroom, it's clear to me that Musk has a few fans in attendance. One woman, who was dressed down by the judge yesterday for recording in the courthouse (which is not allowed), is chuckling at all of Musk's sarcastic responses to Savitt. Another man seated near me seems to be enjoying Musk's sassiness. It's unclear to me whether OpenAI has the same sort of fanbase showing up to the trial as well.
Huh! Musk testifies *under oath* that he has never directed the x algorithm to boost his account or to deboost the openai account
Musk says it's "partly" true that xAI has distilled OpenAI models to train xAI.
Musk also affirms xAI has used OpenAI technology to improve xAI. wowie woo
it is quite significant that Musk admitted on the stand that xAI is distilling OpenAI models to train xAI, and that it is using OpenAI's technology to build xAI!
author's note — i brought my water bottle but just realized in my rush to get a courtroom seat forgot to actually fill it now growing increasingly thirsty at an intense moment of testimony