Zilis Testifies Musk Demands $134 B from OpenAI, Discloses 2018 Texts and Child Confidentiality Pact

Context Elon Musk’s lawsuit against OpenAI entered its second week, alleging that co‑founders Sam Altman and Greg Brockman breached the original non‑profit charter by converting the company into a for‑profit entity. Musk seeks to unwind that restructuring and to award $134 billion in damages to OpenAI’s non‑profit arm. The trial pits Musk’s claim of betrayal against OpenAI’s defense that he approved the for‑profit plan before leaving the board in 2018.

Key Facts - In a 2018 text, Zilis asked Musk, “Do you prefer I stay close and friendly to OpenAI to keep info flowing or begin to disassociate?” She framed the exchange as a “trust game” needing guidance. - Musk replied, “Close and friendly, but we are going to actively try to move three or four people from OpenAI to Tesla,” indicating a coordinated talent shift. - Zilis later testified she signed a confidentiality agreement with Musk to keep the parentage of their four children secret, a pact that remained undisclosed until the trial. - Zilis served on OpenAI’s board from 2020 to 2023, acting as a liaison between the company and Musk’s interests. She denied funneling information to Musk, describing her role as “facilitating communication” among parties. - The court heard that Altman texted Zilis in 2023 asking whether it was a good idea to tweet positively about Musk, suggesting ongoing informal contact. - Musk’s claim includes $134 billion in damages earmarked for OpenAI’s original non‑profit mission, while OpenAI argues Musk left the venture after a failed control bid and is now seeking revenge.

What It Means Zilis’s testimony ties Musk’s alleged talent‑poaching strategy directly to internal communications, reinforcing the plaintiff’s narrative of a coordinated effort to undermine OpenAI’s independence. The confidentiality agreement over their children adds a personal dimension that could influence juror perception of motive and secrecy. If the jury awards the $134 billion demand, OpenAI could be forced to revert to a pure non‑profit model, reshaping the AI industry’s funding landscape. The next phase will focus on financial damages calculations and whether the court will order the reversal of the for‑profit restructuring.