Elon Musk accused of making up math to squeeze $134B from OpenAI, Microsoft

Summary

Perhaps most glaringly, Wazzan reached his opinions without ever weighing the contributions of anyone but Musk, OpenAI alleged. That means that Wazzan’s analysis did not just discount efforts of co-founders and investors like Microsoft, which “invested billions of dollars into OpenAI’s for-profit affiliate in the years after Musk quit.” It also dismissed scientists and programmers who invented ChatGPT as having “contributed zero percent of the nonprofit’s current value,” OpenAI alleged. “I don’t need to know all the other people,” Wazzan testified. Musk’s legal team contradicted expert Wazzan supposedly also did not bother to quantify Musk’s nonmonetary contributions, which could be in the thousands, millions, or billions based on his vague math, OpenAI argued. Even Musk’s legal team seemed to contradict Wazzan, OpenAI’s filing noted. In Musk’s filing on remedies, it’s acknowledged that the jury may have to adjust the total damages. Because Wazzan does not break down damages by claims and merely assigns the same damages to each individual claim, OpenAI argued it will be impossible for a jury to adjust any of Wazzan’s black box calculations. “Wazzan’s methodology is made up; his results unverifiable; his approach admittedly unprecedented; and his proposed outcome—the transfer of billions of dollars from a nonprofit corporation to a donor-turned competitor—implausible on its face,” OpenAI argued. At a trial starting in April, Musk will strive to convince a court that such extraordinary damages are owed. OpenAI hopes he’ll fail, in part since “it is legally impossible for private individuals to hold economic interests in nonprofits” and “Wazzan conceded at deposition that he had no reason to believe Musk ‘expected a financial return when he donated… to OpenAI nonprofit.’” “Allowing a jury to hear a disgorgement number—particularly one that is untethered to specific alleged wrongful conduct and results in Musk being paid amounts thousands of times greater than his actua...