1/ ✅ First, Musk filed in Superior Court in San Francisco, not federal court. Musk bases his case on state law contract claims. He has to show a contract and that it was breached. Musk claims: 1️⃣ We agreed OpenAI and AGI would be open. But OpenAI is closed. 2️⃣ We agreed AGI…

2/ The problem is no actual contract was breached. Let me explain. Musk combines three things and says they're the "Founding Agreement" ... 1️⃣ Talks with Altman about what OpenAI was to be 2️⃣ A 2015 email to Altman where he says 3️⃣ OpenAI’s articles of incorporation, which…

3/ 🌎 Even assuming Musk were a party to OpenAI’s articles of incorporation - hint, he's not - let's look at what they say. First, that the “technology will benefit the public” - got it. OpenAI showing benefit from its tech is easy. Subjective. Impossible to breach. ✅…

4/ 📂 So what about the next line in the Articles, that OpenAI “will seek to open source technology for the public benefit when applicable.” Psst - “when applicable” is magic legal code for “whenever we want.” It could be never. Btw, OpenAI does open sources things. Even…

5/ 😈 What about Microsoft? The complaint say OpenAI is "a closed-source de facto subsidiary” and "ostensibly non-profit golden goose" of Microsoft, a $3T company. Nice rhetorical move. Meaningless legally. Defendant's size isn’t a factor in a breach. Musk never had a deal…

6/ 🧠How about AGI? Why is that a thing here? A stretch, but Musk is trying to show breach from Altman removing the old board members. Remember Helen Toner and Tasha Mccauley? Musk says without them the board can't assess whether AGI benefits the public. Musk claims GPT-4 is…

7/ 🌳 Then Musk's lawyer - Morgan Chu, known for patent trials - uses a fun analogy. "Imagine donating to a non-profit whose asserted mission is to protect the Amazon rainforest, but then the non-profit creates a for-profit Amazonian logging company.... That's the story of…

8/ ⚖️ Also notable: Musk picked SF over Delaware. Seems strategic, tapping into local techlash sentiments. It's an interesting move, considering Musk's, uh, mixed success in Delaware courts. #LegalStrategy

9/ 🌐 The rest of Musk's action? So many words for a lot of nothing of a case. He underscores the societal issues surrounding the development and control of AGI, says he recruited people and helped Altman, and is worried about AGI.

End/ 🎭 "The public is still in the dark", Musk says. He calls out "the irony and tragedy" of OpenAI becoming "Closed, For-Profit AI" and says he relied on Altman's (unwritten) word about it. But there's no contract requiring transparency or non-profit. So, Musk loses. End.…

Text of the 2015 email - thanks @TechEmails Of note: ✅ "Good of the world" is in air quotes (!) ✅ The email talks about 'significant financial upside', which means Musk knew that's how it'd be set up ✅ The email says "we'd have an ongoing conversation" about open source. Aka…

@CeciliaZin I can't work out what promises they are referring to in the promissory estoppel part Maybe they can't either

@lefthanddraft Exactly.

@CeciliaZin Elon might not expect to win but maybe wants to get to discovery so all the dirty laundry is aired out

@Real_AEX Bingo. Dirty laundry, distraction, pressure. Maybe he gets some for profit shares out of it too.

@CeciliaZin I lot of this feels high speculative on your part. I’m sure if it were that easy to pick apart, then maybe Elon’s lawyers know something you and I do not. None of this felt very useful, let’s just wait for the ruling.

@dallin_stagg A complaint lays out the best version of your facts. A good example of a strong case and a strong compliant in the New York Times’s complaint analyzed below. If Elon’s lawyers know more and didn’t include it, that’s either their mistake, or the extra facts are bad for Elon.…

@CeciliaZin The preponderance of tween-like verbiage and clear emotion in your summation makes me pause. Here is a good example of a professional adult version:

@urbanagtivist Great legal writing is clear and accounts for the audience and the medium.

@CeciliaZin I don't think this is about winning. It is about making a point and starting a discussion.

@blafasel42 Good point. Winning has many vectors. Elon wins a lot, even if it’s not in court and it means things like the transaction to buy X had to go through!