The Vergecast
The Vergecast

Elon Musk had a bad week in court

May 1, 2026

AI Summary

5 min read

Elon Musk spent three days on the witness stand in the trial he himself insisted on bringing against OpenAI, and by nearly every account visible from the courtroom, it went badly. The jury pool in Oakland had already made their feelings clear in questionnaires — one called Musk "a greedy racist homophobic piece of garbage," another called him "a world-class jerk" — and Judge Yvonne Gonzalez Rogers had to remind everyone that Americans can still have integrity for the judicial process even if they dislike the plaintiff. Then Musk started testifying.

The trial: Musk on the stand

Musk was called as the first witness in his own case, which argues that OpenAI betrayed its nonprofit mission by becoming a for-profit company and that he was pushed out after funding the project. Under direct examination from his own lawyer, he was flat. Under cross-examination from OpenAI's counsel, he became combative and evasive. He accused the lawyer of asking "questions that were designed to trick me" and said things like "you're mostly doing unfair questions." He refused to acknowledge the nature of linear time when asked about the sequence of his board membership. At one point, OpenAI's lawyer produced a four-page term sheet outlining the for-profit structure Musk had been sent in 2018; Musk admitted he had only read the highlighted warning box at the top. The lawyer noted that Musk had not

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What you'll learn

  • 1 (03:49) **Elon Musk's Bad Week on the Stand in the OpenAI Trial** - The hosts break down the first days of the trial Musk himself insisted on, where he has been a difficult, uncharming witness.
  • 2 (08:38) **Jury Selection Reveals Widespread Dislike for Elon Musk** - The process of finding impartial jurors was difficult because nearly everyone expressed disdain for Musk.
  • 3 (11:32) **The Core Argument of the Case: Charity vs. Power Grab** - The hosts simplify the two competing narratives of the lawsuit.
  • 4 (13:49) **Musk's Disastrous Cross-Examination: A Hostile Witness** - The hosts detail specific moments from the trial where Musk's behavior hurt his own case.
  • 5 (15:53) **"It's a Four-Page Document"** - A key moment where Musk admits he didn't read the contract.
  • 6 (18:05) **"I Don't Lose My Temper" and the "Hypothetical" Email** - Musk's attempts to control the narrative backfire in real time.
  • 7 (21:21) **The Judge Calls Musk "Difficult" and a "Non-Lawyer"** - The judge's comments reveal how poorly the testimony is going for Musk.

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Show Notes

Elon Musk spent a lot of his week trying to explain how OpenAI wronged him — but mostly just seemed to annoy everyone else in the courtroom. Nilay and David discuss Musk's testimony in the OpenAI trial, and what it might mean for the trial going forward. After that, the Hype Desk gang recommends a couple of new things to watch, before the hosts chat about the week's new gadgets, including the Steam Controller and the dual-screen Zephyrus Duo laptop. Finally, in the lightning round, Brendan Carr picks a fight over Jimmy Kimmel again, Netflix buys into the clip economy, and Taylor Swift fights the AI.

Further reading:

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