Two days before his multibillion-dollar lawsuit against OpenAI went to trial, Elon Musk sent a text message to the company's president, Greg Brockman, to gauge interest in a settlement. What happened next reveals everything about the real stakes of this case.

According to a Sunday night court filing by OpenAI's legal team, Musk reached out to Brockman on April 25, just 48 hours before jury selection was scheduled to begin in Oakland federal court. Brockman responded promptly, suggesting that both sides drop all claims against each other.

Musk refused. Then he escalated.

'By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be.'

A Pattern of Intimidation

OpenAI's lawyers moved to admit the text as evidence, arguing it proves that Musk's motivation is not charitable concern but competitive aggression. 'It tends to prove motive and bias, and, in particular, that Mr. Musk's motivation in pursuing this lawsuit is to attack a competitor and its principals,' the filing states.

Judge Yvonne Gonzalez Rogers ultimately declined to enter the text into evidence. But the filing is public, and the damage is done. The threat echoes a nearly identical pattern from Musk's 2022 attempt to back out of buying Twitter, where his legal team warned Twitter executives it would be 'World War III until the end of time for real' if they forced the deal through at the agreed price.

The Twitter parallel is no accident. OpenAI's lead trial attorney, William Savitt of Wachtell Lipton, previously represented Musk during the Twitter acquisition dispute. He was on the receiving end of that 'World War III' threat. When Musk's text to Brockman landed, Savitt's memory of the playbook would have been immediate.

Week 2: Brockman's $30 Billion Testimony

The settlement text was just the opening act for a dramatic Monday in Oakland. Brockman took the stand and confirmed under questioning from Musk's attorney Steve Molo that he holds nearly $30 billion in OpenAI equity, despite never investing a dollar of his own money. The contrast with Musk's $44 million in charitable donations that sparked the lawsuit could not be sharper.

Also testifying Monday was Stuart Russell, the UC Berkeley AI professor and Musk's only expert witness on AI technology. Russell warned jurors about the 'winner-take-all' dynamics of the AGI race and the tension between safety and speed. But OpenAI's lawyers effectively limited his testimony to general AI background, blocking discussion of OpenAI's specific corporate structure or safety policies.

The trial, now being livestreamed on YouTube for the first time, continues Tuesday with Brockman expected back on the stand. Shivon Zilis, a former OpenAI board member and mother to several of Musk's children, is expected to testify later this week.

What This Really Tells Us

Musk's settlement attempt, followed immediately by threats when rejected, undermines his narrative that this lawsuit is about protecting a charitable mission. You do not threaten to make people 'the most hated men in America' if your concern is AI safety. You do it if your concern is winning.

The filing also reveals something strategic. OpenAI wanted the text admitted not for the jury, but for the public record. Even with the judge's rejection, the filing ensures every reporter covering the trial has seen Musk's words. The courtroom is one battlefield. The press coverage is another.

Sources: CNBC, Ars Technica, Business Insider, Forbes, Reuters, ABC7. Court filing via CourtListener.