Shivon Zilis, former board member of OpenAI Inc., arrives on the federal courtroom in Oakland, California, US, on Wednesday, Could 6, 2026.
David Paul Morris | Bloomberg | Getty Photographs
The high-stakes trial in Elon Musk’s lawsuit towards OpenAI CEO Sam Altman will conclude its second week of proceedings on Thursday.
Musk’s attorneys known as a number of witnesses to the stand over the course of the week, together with OpenAI President Greg Brockman and Shivon Zilis, who served on the startup’s board and has a detailed private {and professional} relationship with Musk. A variety of different executives, together with Altman and Microsoft CEO Satya Nadella, might nonetheless be known as to testify.
Zilis, who has 4 kids with Musk, took the stand on Wednesday and was questioned by attorneys for Musk and OpenAI concerning the conversations she had about OpenAI’s company construction round 2017 and 2018.
Musk sued OpenAI, Altman and Brockman in 2024, alleging that they went again on their guarantees to maintain the bogus intelligence firm a nonprofit and to comply with its charitable mission. He co-founded the startup alongside Altman and Brockman in 2015.
OpenAI established a for-profit subsidiary after Musk left the corporate in 2018, and that enterprise unit is the central focus of his lawsuit.
Throughout her testimony, Zilis stated that her major function at OpenAI was to function a liaison between Musk, Altman, Brockman and Ilya Sutskever, one other co-founder on the firm.
Zilis testified that the 4 executives mentioned OpenAI’s company construction “advert nauseam,” together with a number of completely different for-profit choices. At one level throughout the negotiations, Zilis stated Musk wished OpenAI to hitch Tesla, and he supplied Altman a board seat on the firm.
“There have been tons and many arguments about all the completely different potential constructions put in place at the moment,” Zilis stated.
Textual content messages and e-mails between Zilis and Musk produced as proof confirmed that Musk, whereas nonetheless on the board of OpenAI, was working to poach high expertise from the corporate’s ranks, which contradicted his earlier claims.
He additionally stopped making regulator donations as OpenAI thought-about beginning a for-profit arm. In August 2017 communications between Zilis and one other Musk worker, Sam Teller, Zilis referenced a “funding freeze,” although he hadn’t knowledgeable his co-founders of the choice.
Zilis wrote that “OpenAI is prone to notice this week” that $5 million in funding for the quarter was on maintain, and can “prone to have a giant psychological impression on them in the event that they discover out.”
In February 2018, because it grew to become clear that OpenAI wouldn’t be part of Tesla, Zilis messaged Musk to ask if he wished her to stay shut with the crew there or take far.
“Shut and pleasant however we’re going to actively attempt to transfer three or 4 individuals from OpenAI to Tesla,” he replied. “Greater than that can be part of over time however we cannot actively recruit them.”
Elon Musk stands in an elevator to attend the trial in his lawsuit over OpenAI for-profit conversion at a federal courthouse, in Oakland, California, U.S., April 30, 2026.
Manuel Orbegozo | Reuters
Musk, who testified earlier within the trial, stated Andrej Karpathy, who left OpenAI to steer Tesla’s Autopilot efforts, was already going to depart the nonprofit, and that Musk wasn’t actively luring individuals to hitch Tesla.
After an OpenAI lawyer confirmed Zilis textual content messages together with her celebrating Musk’s supply to Karpathy and his acceptance of it, Zilis conceded that Musk approached Karpathy first.
Musk stated in his testimony that he wasn’t fully against OpenAI’s for-profit arm, however that it grew to become “the tail wagging the canine.” He repeatedly accused Altman and Brockman of making an attempt to “steal a charity.”
Zilis emails confirmed that Musk thought-about creating an AI lab inside Tesla that may compete immediately with OpenAI, and doubtlessly Google’s DeepMind. However Zilis testified that such a lab by no means materialized.
As an alternative, Musk began a competing AI enterprise, xAI, in 2023. He merged that enterprise with SpaceX earlier this yr. Musk stated Wednesday that xAI is now referred to as SpacexAI.
Zilis wrote in a textual content message to a buddy on Feb. 25, 2023, as phrase was getting out that Musk was beginning a competitor to OpenAI, “When the daddy of your infants begins a aggressive effort and can recruit out of OpenAI there’s nothing to be performed.”
Zilis labored throughout a number of of Musk’s corporations, together with OpenAI, Tesla and mind tech startup Neuralink. She stated she started working with OpenAI as an off-the-cuff advisor in 2016, which was how she met Musk.
She served on OpenAI’s board from 2020 to 2023, after Musk had already left the corporate. The pair had a number of kids collectively throughout this era, although Zilis testified that Musk’s involvement was initially saved secret.
Zilis stated she signed a non-disclosure settlement with Musk about his “donation,” and agreed on “full confidentiality,” partly to guard the youngsters from the safety threat that may come from being related to Musk, but additionally as a result of he wasn’t initially planning to be an lively father to her kids.
She testified that Musk is actively concerned in the present day and that they dwell collectively when he is spending “household time” in Austin, Texas, and typically throughout travels.
Zilis stated she ultimately needed to inform Altman that Musk was the daddy of her children when she discovered that the press was pursuing the story.
OpenAI allowed Zilis to maintain her board seat regardless of the private entanglements however she stated she in the end resigned in 2023 as chatter was spreading about Musk beginning a competitor.
WATCH: Musk v. Altman heads to trial: Right here’s what you should know
