Musk Calls Himself ‘a Fool’ on the Stand as OpenAI’s Lawyer Dismantles His Nonprofit Narrative
April 30, 2026 – 5:54 pm
The tense third day of Musk v. Altman saw OpenAI’s lead attorney, William Savitt, utilize Musk’s own emails, funding shortfalls, and Shivon Zilis texts to argue that the lawsuit is a competitive grievance disguised as a charitable principle.
During cross-examination in Oakland federal court on Wednesday, Elon Musk referred to himself as "a fool" for funding OpenAI, accusing its leadership of "looting the nonprofit." The day’s proceedings were the most heated yet, as Savitt aimed to turn Musk’s donations, emails, and personal relationships against his charitable trust argument.
“I gave them $38 million of essentially free funding, which they then used to create an $800 billion for-profit company,” Musk told the jury. "I actually was a fool who created free funding for them to create a startup. I literally was.”
The statement stood out as Musk directly acknowledged his role in OpenAI’s establishment, challenging his previous legal stance that he had been deceived.
But Savitt quickly pointed out the discrepancy between Musk’s $38 million in actual donations and his initial pledge of "up to $1 billion" upon OpenAI’s founding.
“Without me, OpenAI wouldn’t exist!” Musk responded, raising his voice as Savitt pressed him on the funding shortfall. Musk argued that beyond financial contributions, he brought his reputation, contacts, and credibility to the table, stating "These things have value", and that his total contribution exceeded $100 million in intangible terms.
Judge Yvonne Gonzalez Rogers intervened when Savitt noted Musk’s difficulty in providing direct answers. “That is the challenge of all litigants,” she replied.
The Zilis Texts: A Compelling Counternarrative
The most damaging evidence for Savitt came not from OpenAI records but from Musk’s personal communications with Shivon Zilis, a venture capitalist and mother of four of Musk’s children who was on OpenAI’s board at the time.
Savitt presented a 2018 email from Zilis asking Musk if she should remain involved with OpenAI to "keep feeding him information on the company." Musk confirmed his agreement. He also acknowledged that Zilis facilitated ongoing communication between him and OpenAI after he left the board.
A second, more significant Zilis email from Savitt’s perspective highlighted potential changes to OpenAI’s structure: "Roll everything into a B corp" or "OpenAI C Corp and OpenAI nonprofit." Savitt argued that Musk was presented with for-profit restructuring options and considered them.
When asked if he had ever instructed Zilis to file paperwork converting OpenAI to a for-profit corporation, Musk replied, "I don’t recall."
Savitt then posed his most direct question: "You were aware of the possibility of transforming OpenAI into a for-profit entity, weren’t you?"