According to a court filing, two days before the trial between Elon Musk and OpenAI began, Mr Musk texted Greg Brockman, OpenAI's president and co-founder, warning that Brockman and Sam Altman would become 'the most hated men in America' if OpenAI didn't agree to a settlement. OpenAI said the texts followed Mr Musk's request that it settle his suit. The filing sought to put the messages before the court, but a judge excluded the exchange from evidence. The dispute centres on Mr Musk's bid to unwind parts of OpenAI's structure and to force changes to its agreements with Microsoft.

OpenAI lodged the claim about the messages in a court filing submitted on Sunday. The filing said Mr Musk contacted Greg Brockman, the company's president and co-founder, two days before the trial began and proposed a settlement. It said Brockman suggested both sides drop their suits. The filing says the exchange then turned threatening.

A summary of the filing described Mr Musk as warning that if OpenAI refused to settle, Brockman and Sam Altman would face public hatred. The document didn't include screenshots or full copies of the text messages, and most of the filing was aimed at persuading the judge to allow the settlement talks into evidence.

What OpenAI says the texts show

OpenAI's lawyers argue the messages are central to the jury's view of Mr Musk's motive. They wrote that the exchange sheds light on whether his lawsuit is really about safety or about pressing for financial and structural change at the company. The company has framed the texts as part of a pattern of conduct that its countersuit describes.

At issue in the broader case is what Mr Musk is seeking from the courts. His suit asks for OpenAI's altered governance and funding arrangements to be unwound.

It asks that the firm's advanced technology be made available to the public. It also seeks to void or alter the licensing agreement between OpenAI and Microsoft.

And it seeks damages and legal costs.

Mastheads

OpenAI has responded with a countersuit that casts Mr Musk's action in a different light. The countersuit argues he is trying to extract money from the firm's success while weakening a commercial rival. The newly cited message exchange was offered as evidence to support that account.

Judge excludes the exchange

The judge overseeing the case rejected OpenAI's request to admit the text-exchange into evidence. The court ruling kept the messages out of the jury's view. That limits the legal day-to-day impact of the filing, at least for now.

OpenAI's submission still matters because it makes the allegation public and frames the narrative for observers. The company put the claim on the record in pleadings that become part of the court file. That means future filings, motions or testimony could reference the same exchange even if the judge disallowed the messages themselves.

Both sides have other material they're using to argue motive and damages. Mr Musk's complaint focuses on governance and access to the technology. OpenAI's countersuit points to what it says are attempts to leverage the suit for commercial gain and to hobble a rival relationship with Microsoft.

The exchange over settlement talks also highlights the unusual mix of personalities and power in the case. The parties are among the highest-profile figures in technology. This dispute blends corporate governance, control over advanced AI tools and large commercial agreements.

Legal teams for both sides have been staking out tight positions. OpenAI's lawyers filed the motion partly to show the court why the messages should be considered.

Mr Musk's camp has advanced its own arguments about the legality of OpenAI's structure and the licences it has granted. The judge's decision on admissibility narrows one path of argument for OpenAI, even as the company continues to press its countersuit.

Court filings often aim to shape public and judicial perception as much as they aim to persuade. By putting the alleged messages into the formal record, OpenAI has asked the court to see Mr Musk's conduct through a particular frame. The judge's exclusion of the texts closes that frame for jurors, while leaving it open for observers and future lawyers to debate.

Ongoing trial and stakes

The trial continues with multiple issues to resolve. Jurors will hear evidence about OpenAI's governance, the firm's relationship with Microsoft and Mr Musk's claims for damages and remedies. The admissibility ruling removes one piece of disputed evidence but leaves the larger architecture of the case intact.

For now, the public allegation of a threatening message exchange sits in the court file but not before the jury. The civil fight will proceed on the other contested factual and legal points the parties have put forward. Both sides have signalled they intend to press their narratives at trial.

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A judge excluded the alleged text exchange from evidence, and the trial continues on the remaining disputes over OpenAI's structure and its Microsoft licence.

This article was created with AI assistance.