{"text":[[{"start":7.65,"text":"Elon Musk told a jury on Wednesday that he was “a fool” to provide initial funding for OpenAI, claiming he believed the $850bn ChatGPT maker would remain a non-profit organisation."}],[{"start":20.55,"text":"The billionaire was testifying in federal court in Oakland, California, as the first witness in his lawsuit against OpenAI, chief executive Sam Altman and its largest shareholder, Microsoft."}],[{"start":32.55,"text":"“I actually was a fool who [gave] free funding for them to create a start-up,” Musk said. “I gave them $38mn of essentially free funding, which they used to create a . . . for-profit company.”"}],[{"start":44.5,"text":"Musk brought the case claiming he was deceived by a “bait and switch” after OpenAI was created as a non-profit with the billionaire’s support and then launched a for-profit entity, which has since become one of the most valuable start-ups in the world."}],[{"start":58.85,"text":"His attorneys on Wednesday showed the jury emails between Musk, Altman and president Greg Brockman, who were both in court."}],[{"start":66.3,"text":"The messages from 2017 included early discussions about creating a for-profit, and a proposed ownership breakdown under which Musk would have owned slightly more than half of the company. "}],[{"start":77.39999999999999,"text":"After opposition from OpenAI employees, Musk ended the conversation. “Guys I’ve had enough . . . Either go do something on your own or continue with OpenAI as a non-profit,” he wrote in September 2017, adding that it was not an “ultimatum” and the proposed structure was “off the table”."}],[{"start":96.19999999999999,"text":"Altman replied: “I remain enthusiastic about the non-profit structure!”"}],[{"start":101.04999999999998,"text":"The cross-examination by OpenAI lawyer William Savitt centred on these discussions and highlighted how Musk withdrew quarterly $5mn investments once talks broke down."}],[{"start":112.34999999999998,"text":"Savitt asked whether Musk understood that this would have created financial pressure on the start-up, which relied on such payments for computing resources."}],[{"start":121.24999999999999,"text":"“I started to have some concerns about their motivations in 2017. I’m not going to fund something if I lose faith in the people,” he replied."}],[{"start":130.2,"text":"Musk repeatedly countered Savitt, accusing him of lying about his questions being simple. "}],[{"start":135.54999999999998,"text":"“They’re designed to trick me essentially . . . I must give a longer answer because any simple answer would be misleading the jury,” he said. “If you ask the question, have you stopped beating your wife, [I can’t answer yes or no].”"}],[{"start":148.64999999999998,"text":"Musk said in his testimony that his 2017 emails were meant to convey that OpenAI’s founders could not “have their cake and eat it too”. They could not have “the positive halo effect of being a non-profit charity and enrich themselves”, he added."}],[{"start":164.14999999999998,"text":"After Musk resigned from the board in 2018, OpenAI received a $1bn investment from Microsoft in 2019, with a capped-profit arrangement. Musk said, “There was no basis for me to file a lawsuit at that time because they hadn’t violated the non-profit principles."}],[{"start":181.2,"text":"“I’m not opposed to creating a limited for-profit subsidiary where the profits flow to the non-profit,” he said, adding that the profit cap had since been removed."}],[{"start":190.39999999999998,"text":"Questioning also addressed an OpenAI term sheet outlining details of the proposed fundraising. Savitt highlighted parts of the term sheet, which Musk said he had not read."}],[{"start":201.09999999999997,"text":"“Why do you need to read beyond ‘in the spirit of a donation’?” he asked Savitt. “Would you expect the fine print [to] contradict that?”"}],[{"start":208.14999999999998,"text":"OpenAI has claimed Musk waited too long to bring his case, exhausting the statute of limitations on his claims."}],[{"start":216.04999999999998,"text":"Musk also referred to a provision in the Microsoft and OpenAI agreement that the for-profit would be dissolved if artificial general intelligence — AI that can equal or surpass human intelligence — were achieved. "}],[{"start":228.64999999999998,"text":"This clause was scrapped in an amendment to their partnership agreement on Monday. The updated deal also stipulated that revenue share would be subject to a cap until 2030, although the profit cap was lifted in October. Microsoft remains OpenAI’s largest shareholder, with slightly more equity than OpenAI’s not-for-profit arm."}],[{"start":248.04999999999998,"text":"“With all respect to Microsoft, do you really want Microsoft controlling digital superintelligence?” Musk asked the jury."}],[{"start":254.95,"text":"Musk is expected to continue his testimony on Thursday."}],[{"start":265.45,"text":""}]],"url":"https://audio.ftcn.net.cn/album/a_1777520102_6271.mp3"}