Inside the OpenAI vs. Elon Musk Courtroom

Mike Isaac of the New York Times has been waking up at 5 a.m. to stand outside the Oakland federal courthouse, hoping to snag one of 30 unreserved seats in the back of the courtroom for what he calls a "circus" of a trial. The case pits Elon Musk against OpenAI, the company he co-founded and later left, over claims that OpenAI abandoned its original nonprofit mission. Unlike most federal court cases, Judge Yvonne Gonzalez Rogers has been unusually permissive with press access, allowing laptops and phones inside — a stark contrast to courthouses where even bringing a phone can get you kicked out.

The Theater of a Jury Trial

The trial is fundamentally different from a bench trial because of the jury. Isaac emphasizes that jury selection revealed how unfamiliar many ordinary people are with AI — some didn't know what "AGI" stands for — and that dynamic matters enormously. "The facts don't necessarily always matter, but the vibe can really matter, which I think is a benefit for Elon," Isaac says. The jury's role is technically advisory; the judge can overrule their verdict, though judges rarely do because they value public participation. But Judge Rogers retains control over remedies and damages if OpenAI is found liable.