The third week of Elon Musk’s landmark lawsuit against OpenAI and Sam Altman reached a climax as Microsoft CEO Satya Nadella testified in federal court. Nadella’s appearance was intended to address allegations that Microsoft “aided and abetted” OpenAI’s transition from a charitable non-profit to a profit-driven tech giant—a shift Musk claims is a breach of the company’s founding mission. +1
Key Highlights from Nadella’s Testimony:
- Critique of the OpenAI Board: Nadella didn’t mince words when describing the 2023 attempt by OpenAI’s former board to fire Sam Altman, calling the chaotic event “amateur city.” He testified that despite being OpenAI’s largest partner, he was never given a specific or sufficient explanation for Altman’s brief ouster. +1
- The “IBM vs. Microsoft” Comparison: Musk’s lawyers presented internal emails from 2022 where Nadella expressed concern about Microsoft becoming too dependent on OpenAI. In the emails, Nadella wrote, “I don’t want to be IBM and OpenAI to be Microsoft,” referring to the 1980s deal where IBM lost its dominance to its software supplier. This was used to argue that Microsoft was strategically maneuvering to control OpenAI’s trajectory for its own commercial gain. +1
- Musk’s Silence on the Deal: Under cross-examination, Nadella pointed out that despite Elon Musk’s current legal outrage, Musk never reached out to him personally to object to Microsoft’s multibillion-dollar investments in 2019 or 2023. “We have each other’s phone numbers,” Nadella noted, suggesting Musk only became litigious after the partnership proved successful. +1
- Commercial Intent: Nadella pushed back against the idea that Microsoft’s involvement was ever a “charity” project. He testified that the relationship was always commercially motivated, providing Microsoft with vital IP and OpenAI with the massive computing power (via Azure) required to build generative AI.
Trial Context and Stakes:
- The $150 Billion Claim: Elon Musk is seeking up to $150 billion in damages, arguing that his $38 million in early donations were misappropriated to build a “for-profit empire” valued at nearly $900 billion.
- Witness Parade: Nadella’s testimony followed a week of explosive evidence, including recorded testimony from former CTO Mira Murati, who described Altman as a leader who sowed “distrust and chaos.”
- What’s Next: With Nadella’s testimony concluded, the focus shifts to Sam Altman himself, who is expected to take the stand later this week. An advisory jury is expected to deliver a verdict by late May, which will guide the judge’s final ruling on whether OpenAI must revert to its non-profit status. +1
The Bottom Line: Nadella’s testimony portrays Microsoft not as a “co-conspirator” in a breach of trust, but as a savvy strategic investor that stepped in when no one else would. For Musk, the testimony is a double-edged sword: it highlights Microsoft’s immense influence over OpenAI, but also underscores Musk’s own lack of intervention during the very years the “betrayal” was allegedly taking place. +1