OpenAI brings its ass to court

At a glance:

• OpenAI attempted to present a donkey butt statue in court during the Musk v. Altman trial
• The statue was given to Joshua Achiam, who claimed Elon Musk called him a "jackass" during a disagreement about AI safety
• Achiam has sold $10M in OpenAI shares and still owns tens of millions more

The "Ass" in Court

Wednesday's episode of the Musk v. Altman trial kicked off with a unique proposition: OpenAI wanted to bring its ass into the courtroom, and lay it bare before the jury. It's a good thing lady justice wears that blindfold. A lawyer for Sam Altman's AI behemoth, Bradley Wilson, approached US district judge Yvonne Gonzalez Rogers and handed her a small gold statue with a white stone base. The statue depicted the rear end of a donkey—with two legs, a butt, and a tail—and was inscribed with the message, "Joshua Achiam, never stop being a jackass for safety."

OpenAI initially requested to present the physical object during Achiam's testimony, arguing that it adds to their case. While Musk's team said the statue was irrelevant, Judge Gonzalez Rogers said she would consider allowing it when it's referenced to corroborate the story. However, she seemed less than thrilled about accepting it as official evidence, which would put it in the court's possession. "I don't want it," she said. Attorneys for OpenAI ultimately decided not to try to show the physical specimen to the nine jurors.

The Jackass Incident

The statue has a backstory that OpenAI employees wanted to share with the jury. OpenAI employees at the time, Dario Amodei and David Luan, presented the gift to chief futurist Achiam, who started at the company as an intern in 2017 and now leads its work studying how society is changing in response to AI. Achiam testified on Wednesday that he interrupted Elon Musk's parting speech from OpenAI in 2018 to warn that the billionaire's desire to develop AGI at Tesla could come at the expense of safety.

Wilson added that the trophy commemorates some "strong language" that Musk used toward Achiam in response—allegedly, calling him a jackass. "He snapped and called me a jackass," Achiam said, describing the remark as tense and unfriendly. Achiam emphasized the significance of the statue in his testimony: "What was significant to me was one, that my colleagues agreed it was important to stand up for principles and stand up to very powerful people like Elon."

The Musk vs. Altman Legal Battle

The unusual courtroom moment is part of a larger legal battle between Musk and OpenAI. Musk's lawsuit accuses OpenAI of effectively stealing a charity, misusing his $38 million in donations to build an $850 billion business. In response, OpenAI has argued that Musk has always cared more about controlling a top-tier AGI lab than funding a nonprofit. Earlier in the trial, Musk lawyer Steven Molo asked Musk if he ever called an OpenAI employee a "jackass." Musk said "it's possible" he did at some point, but that he didn't mean for it to be offensive. "Sometimes you have to use language that gets people out of their comfort zone, if we're going in the wrong direction," Musk said.

Marc Toberoff, an attorney for Musk, told WIRED in an email that the trophy was "irrelevant to the claims in the case and issues in the case and prejudicial." Representatives for OpenAI did not immediately respond to a request for comment. The legal battle represents a significant rift in the AI community, with Musk having co-founded OpenAI in 2015 before departing in 2018 over disagreements about the company's direction and commercialization plans.

Achiam's Role and Financial Stake

Joshua Achiam's testimony and the statue incident highlight his position within OpenAI. Achiam, who joined as an intern in 2017 and now leads the company's work on studying societal responses to AI, has become a central figure in the trial. His testimony about the 2018 incident with Musk provides insight into the early tensions that would later lead to Musk's departure from OpenAI.

Achiam's financial stake in OpenAI adds another dimension to his testimony. He revealed that he has sold at least $10 million in OpenAI shares and still owns tens of millions of dollars more. Not a bad outcome for the accused "jackass." OpenAI has long been proud of its jackass. When The Wall Street Journal asked about the statue in 2023, Altman told them, "You've got to have a little fun ... This is the stuff that culture gets made out of."

The Courtroom Drama

The attempted introduction of the statue adds an unusual element to what is already a high-stakes legal battle. The moment highlights the personal tensions between Musk and former OpenAI colleagues, which have now spilled into the courtroom. The statue, while seemingly humorous on the surface, represents a serious disagreement about AI safety principles that continues to divide the tech industry.

The judge's reluctance to accept the statue as evidence underscores the formal nature of the proceedings, even as unusual elements like the donkey butt enter the courtroom. The incident has become a talking point in the tech community, with many watching how the legal battle between Musk and OpenAI will unfold and what it might mean for the future of AI development and safety research.