1
00:00:00,080 --> 00:00:01,820
accompanying tweet, and he said, well,
that was

2
00:00:02,500 --> 00:00:06,500
the trigger for the statute of
limitations. I expect you recall that from

3
00:00:06,500 --> 00:00:10,760
the conversation this morning. And I
think, I think to that, we have to

4
00:00:10,760 --> 00:00:14,219
respectfully say nonsense, members of the
jury. You've seen the evidence that Musk

5
00:00:14,220 --> 00:00:17,650
was on notice long before twenty
twenty-two. For years,

6
00:00:18,400 --> 00:00:22,040
um, this wasn't Musk finding out about
what OpenAI was doing.

7
00:00:22,680 --> 00:00:28,259
This was when OpenAI had suddenly become
very successful as ChatGPT was launched.

8
00:00:29,400 --> 00:00:33,780
As Mr. Musk realized he'd made a big
mistake, that he'd gotten the whole thing

9
00:00:33,780 --> 00:00:36,860
wrong, then he shows up. But there was--
it wasn't new information.

10
00:00:37,480 --> 00:00:42,260
What was new is his realization that he'd
gotten it wrong. But this was how can they

11
00:00:42,260 --> 00:00:43,500
look to the twenty twenty-three

12
00:00:44,240 --> 00:00:47,960
event as the triggering event for their
statute of limitations when this happened

13
00:00:47,960 --> 00:00:52,180
in twenty twenty-two? It doesn't make any
sense. Fact is, he was on notice from

14
00:00:52,180 --> 00:00:54,480
twenty seventeen, twenty nineteen, twenty
twenty.

15
00:00:59,980 --> 00:01:01,280
And as to the,

16
00:01:03,200 --> 00:01:05,860
as to the twenty twenty-three as the date
of the claim,

17
00:01:06,520 --> 00:01:06,680
um,

18
00:01:08,080 --> 00:01:12,780
you, you, you heard, I'm sure, members of
the jury, that Mr. Mollo said that the

19
00:01:12,780 --> 00:01:17,120
twenty nineteen and twenty twenty-one
Microsoft deals were not breaches. The

20
00:01:17,120 --> 00:01:18,940
twenty twenty-three was a breach.

21
00:01:19,720 --> 00:01:23,280
Um, you heard that the breach happened in
twenty twenty-three, even though there's

22
00:01:23,280 --> 00:01:25,220
no conceptual difference between the
three,

23
00:01:25,920 --> 00:01:27,000
the three investments.

24
00:01:28,800 --> 00:01:29,400
Have in mind,

25
00:01:31,360 --> 00:01:35,050
the things Musk is complaining about,
those happened in twenty twenty-three, and

26
00:01:35,050 --> 00:01:38,700
you heard a lot about Brockman getting
equity. That happened in twenty nineteen.

27
00:01:38,700 --> 00:01:41,570
You heard about Microsoft getting its
license. That was in twenty nineteen.

28
00:01:42,200 --> 00:01:45,280
Uh, all-- You heard about the caps being
so important. The twenty twenty-three deal

29
00:01:45,280 --> 00:01:49,880
was capped. The pieces of this puzzle
don't fit together, members of the jury.

30
00:01:51,400 --> 00:01:54,780
Uh, let me speak briefly about the two
remaining issues, which you'll probably

31
00:01:54,780 --> 00:01:58,360
get to last in the order of operations
when you all go back into the, into the

32
00:01:58,360 --> 00:02:02,960
jury room. One is called latches. Latches
is a cousin of the statute of limitations.

33
00:02:03,560 --> 00:02:07,500
It says if you wait too long, you can't
bring a claim, and there has to be a

34
00:02:07,500 --> 00:02:13,640
showing of prejudice. The prejudice to our
clients here is, um, obvious. OpenAI has

35
00:02:13,640 --> 00:02:14,820
relied for years

36
00:02:15,440 --> 00:02:18,960
on the structure that it put in place
first in twenty nineteen and then in, in

37
00:02:18,960 --> 00:02:22,480
twenty twenty-one. It relied on that for
years. It accepted investment for years.

38
00:02:22,480 --> 00:02:25,220
It paid people for years. It entered into
contracts for years.

39
00:02:25,920 --> 00:02:27,940
You can't put someone in the position

40
00:02:29,840 --> 00:02:33,900
of waiting for years to sue and upending
everything they've been doing. If you find

41
00:02:33,900 --> 00:02:36,890
that there was notice here and that there
was prejudice, which there is,

42
00:02:37,520 --> 00:02:40,660
um, you need to find latches, and
respectfully, we think you should.

43
00:02:40,660 --> 00:02:45,160
Finally, unclean hands is the last
defense. It's sort of at the tail end of

44
00:02:45,160 --> 00:02:48,680
the argument, but it's kind of a nice
summary of the trouble here. Unclean hands

45
00:02:48,680 --> 00:02:52,200
is an old-fashioned legal defense. It
applies when the person who brings the

46
00:02:52,200 --> 00:02:53,109
claim here, Mr. Musk,

47
00:02:53,720 --> 00:02:58,930
has engaged in unconscionables, a legal
word, but bad conduct related to the

48
00:02:58,930 --> 00:03:03,020
claims. If you don't act-- If you act
badly, you don't get relief, and that's

49
00:03:03,020 --> 00:03:07,140
what we have here. Mr. Musk's pursuit of
these claims is the definition of

50
00:03:07,140 --> 00:03:12,079
unconscionable. Mr. Musk kept tabs on
OpenAI through a close associate whose

51
00:03:12,080 --> 00:03:16,380
relationship was concealed. He repeatedly
poached and tried to poach OpenAI

52
00:03:16,380 --> 00:03:20,380
employees. He promised to fund the
organization to a tune of billion dollars

53
00:03:20,380 --> 00:03:24,440
and then used his funding promise as
leverage to get control. And then only

54
00:03:24,440 --> 00:03:28,760
after OpenAI succeeded against Musk's
prediction, only then did he start

55
00:03:28,760 --> 00:03:33,100
threatening litigation. Only after he was
launching a competitor did he

56
00:03:33,100 --> 00:03:36,900
threat-threaten litigation. And then
finally, after bringing suit, Musk

57
00:03:36,900 --> 00:03:42,500
coordinated a campaign with other folks in
the tech sector to organize, um, an

58
00:03:42,500 --> 00:03:44,140
OpenAI investigation. This

59
00:03:44,740 --> 00:03:46,080
a, um, back and forth with,

60
00:03:47,440 --> 00:03:48,459
with Mr. Zuckerberg.

61
00:03:49,120 --> 00:03:51,440
And then he tried to generate leverage by
lobbying in a bid

62
00:03:52,380 --> 00:03:57,280
to buy OpenAI, completely inconsistent
with the claim that this was going to be a

63
00:03:57,280 --> 00:04:01,800
not-for-profit. xAI was gonna buy it and
make it a totally for-profit, zero

64
00:04:01,800 --> 00:04:05,900
mission-driven, closed source
e-e-enterprise. None of all this is in

65
00:04:05,900 --> 00:04:06,360
good faith.

66
00:04:08,600 --> 00:04:11,560
I'm gonna close quickly. I want to say a
word about credibility because you've

67
00:04:11,560 --> 00:04:13,890
heard a lot about it. Um,

68
00:04:17,959 --> 00:04:19,099
Mr. Musk isn't here today.

69
00:04:20,170 --> 00:04:20,380
Um,

70
00:04:22,019 --> 00:04:24,060
m-my clients are. You see Greg Brockman,

71
00:04:24,720 --> 00:04:29,520
Sam Altman. Next to them is Josh Akiam,
who is the corporate representative for

72
00:04:29,520 --> 00:04:32,600
OpenAI. These are, these are my clients,
and they're here because they care a lot

73
00:04:32,600 --> 00:04:37,960
about this. They care a lot about it. Mr.
Musk isn't here. Mr. Musk came to this

74
00:04:37,960 --> 00:04:39,710
court for exactly one witness,

75
00:04:40,580 --> 00:04:41,160
Elon Musk,

76
00:04:42,000 --> 00:04:48,340
and he hasn't been seen since. Now he's in
parts unknown. Mr. Musk's counsel

77
00:04:48,340 --> 00:04:52,820
is happy to take shots at other people's
credibility, but Mr. Musk claims

78
00:04:53,960 --> 00:04:57,280
he doesn't remember things that are
inconvenient. He claims to remember things

79
00:04:57,280 --> 00:05:00,980
that he used to not remember when that's
con-convenient. The key witness in this

80
00:05:00,980 --> 00:05:05,780
case is Elon Musk, make no mistake, and he
has had the most selective amnesia one

81
00:05:05,780 --> 00:05:10,460
can imagine. He's the witness who claims
to have heard promises that no one else

82
00:05:10,500 --> 00:05:14,300
heard. He heard promises that the other
people involved in the discussions,

83
00:05:14,300 --> 00:05:15,950
including the people who worked for him,

84
00:05:17,440 --> 00:05:21,100
never heard. He claims to have heard
things high atop a windy hill where no one

85
00:05:21,100 --> 00:05:21,780
else can hear.

86
00:05:22,620 --> 00:05:23,560
No one else heard them.

87
00:05:24,280 --> 00:05:25,180
Elon Musk heard them.

88
00:05:26,500 --> 00:05:30,980
Consider whether that's credible. Consider
whether a man as sophisticated and as

89
00:05:30,980 --> 00:05:36,560
lawyer as Elon Musk would make donations
of this magnitude with a significant

90
00:05:36,560 --> 00:05:40,800
condition that he just never bothered to
write down or tell anyone. It's not

91
00:05:40,800 --> 00:05:44,200
credible at all, Your Honor, members of
the jury, and I'll tell you, that's the

92
00:05:44,200 --> 00:05:47,840
relevant credibility question for this
case. Members of the jury, I want to say

93
00:05:47,840 --> 00:05:51,540
thank you. You've been very patient with
me. We've walked through, by our count,

94
00:05:51,540 --> 00:05:54,940
the various independent grounds on which
Mr. Musk claims fail.

95
00:05:55,660 --> 00:05:56,710
He's come to this court

96
00:05:57,400 --> 00:06:01,080
claiming that promises were made to him
and broken, but the pieces of the puzzle

97
00:06:01,080 --> 00:06:04,620
don't fit together that way. And that's
not the reason we're here. The reason

98
00:06:04,620 --> 00:06:08,200
we're here is that Mr. Musk didn't get his
way at OpenAI. We're here because he

99
00:06:08,200 --> 00:06:12,964
turned outTo have been very vocal about
OpenAI. We're here because Mr. Musk is now

100
00:06:12,964 --> 00:06:17,044
a competitor to OpenAI and has every
motive to attack it. And you'll recall

101
00:06:17,804 --> 00:06:20,744
that motive is a primary basis to
evaluate,

102
00:06:21,984 --> 00:06:26,464
um, cre-credibility per the judge. We
don't have another opportunity to address

103
00:06:26,464 --> 00:06:27,624
you, members of the jury.

104
00:06:28,244 --> 00:06:28,424
Um,

105
00:06:29,144 --> 00:06:31,904
Mr. Molla will stand up, and he'll argue
his case one last time.

106
00:06:32,704 --> 00:06:32,904
Um,

107
00:06:33,524 --> 00:06:36,844
I wanna say before sitting down that I
feel like I'm gonna miss you all. It's,

108
00:06:36,844 --> 00:06:40,224
um, it's been a pretty intense number of
weeks, and we really do appreciate your

109
00:06:40,224 --> 00:06:40,664
patience.

110
00:06:41,284 --> 00:06:42,904
Um, and I ask of you three things.

111
00:06:43,524 --> 00:06:46,164
Um, keep the evidence in mind, members of
the jury.

112
00:06:47,204 --> 00:06:51,184
Keep in mind the judge's instruction.
Judge Gonzales Rogers has lit a clear

113
00:06:51,184 --> 00:06:55,684
pathway for you. We urge you to follow
that pathway. Follow it carefully, follow

114
00:06:55,684 --> 00:06:59,944
it faithfully, and consider your common
sense about what you know goes on in the

115
00:06:59,944 --> 00:07:03,424
world. And if you do those things, we know
you're gonna bring a verdict for the

116
00:07:03,424 --> 00:07:05,564
defense. I really do appreciate it. Thank
you.

117
00:07:07,384 --> 00:07:07,644
Okay.

118
00:07:08,604 --> 00:07:14,004
Um, so I'm gonna stand and stretch as, uh,
Mr. Cohen, uh, gets ready for the,

119
00:07:15,024 --> 00:07:15,703
his closing.

120
00:07:20,184 --> 00:07:25,384
After that, we'll take a short break, and
then we'll get the rebuttal. So it is,

121
00:07:25,384 --> 00:07:26,724
it's going to be longer

122
00:07:27,324 --> 00:07:28,164
than 3:00.

123
00:07:29,084 --> 00:07:30,744
Anybody need to make a phone call?

124
00:07:32,764 --> 00:07:34,464
It's gonna be longer than 3:00.

125
00:07:41,644 --> 00:07:43,824
Does anybody need to go make a phone call?

126
00:07:46,284 --> 00:07:46,564
See.

127
00:07:50,184 --> 00:07:52,904
-Yeah. Yeah, we'll quite visible.
-Okay.

128
00:07:53,854 --> 00:07:53,854
Be good.

129
00:07:58,324 --> 00:07:58,444
Yeah.

130
00:07:59,264 --> 00:08:05,104
Seems to be very good.

131
00:08:11,424 --> 00:08:11,524
Okay.

132
00:08:19,824 --> 00:08:24,884
All right, so we're gonna take a short
break. I think someone... I think, uh...

133
00:08:25,664 --> 00:08:27,104
Go ahead. You need to make a phone call?

134
00:08:28,864 --> 00:08:29,194
Go ahead.

135
00:08:31,544 --> 00:08:35,183
Go ahead. Okay.

136
00:08:46,384 --> 00:10:37,134
It's

137
00:10:37,134 --> 00:10:42,423
gonna

138
00:10:42,424 --> 00:10:44,914
be long.

139
00:10:45,924 --> 00:10:48,384
See what I told you all about
uncomfortable silence?

140
00:10:50,504 --> 00:10:57,044
[laughs]

141
00:11:19,724 --> 00:11:20,124
Okay.

142
00:11:28,464 --> 00:11:29,724
All right, let's get going.

143
00:11:37,984 --> 00:11:42,644
Okay, we're back on the record. Mr. Cohen,
you may proceed.

144
00:11:42,644 --> 00:11:43,744
Uh, thank you, Your Honor.

145
00:11:46,524 --> 00:11:47,404
Members of the jury,

146
00:11:48,264 --> 00:11:51,704
I appreciate this one last chance to speak
with you.

147
00:11:52,724 --> 00:11:56,104
I just wanna thank you in advance on
behalf of myself,

148
00:11:57,124 --> 00:11:59,764
my team, Ms. Patel, Mr. Gerada,

149
00:12:00,404 --> 00:12:03,904
and our client, Becky Francis from
Microsoft, who's been sitting in the

150
00:12:03,904 --> 00:12:06,564
courtroom every day along with you.

151
00:12:08,284 --> 00:12:12,124
I told you in my opening statement that
you wouldn't hear very much from

152
00:12:12,124 --> 00:12:17,984
Microsoft, and over the past three weeks,
I think you haven'tAnd

153
00:12:18,864 --> 00:12:21,264
I think you all know why that is.

154
00:12:23,524 --> 00:12:26,424
Microsoft wasn't involved in the key
events

155
00:12:27,144 --> 00:12:31,144
that are at the center of this case.
Microsoft only became involved

156
00:12:31,864 --> 00:12:33,244
beginning in twenty-nineteen

157
00:12:33,864 --> 00:12:40,004
after Mr. Musk left, and OpenAI needed
massive amounts of capital and compute.

158
00:12:41,704 --> 00:12:42,964
And when it did get involved,

159
00:12:44,204 --> 00:12:49,484
I told you that the evidence would show
that Microsoft was a responsible partner

160
00:12:49,484 --> 00:12:50,223
at every step.

161
00:12:51,944 --> 00:12:56,124
You've now heard that Microsoft did its
diligence before partnering,

162
00:12:57,044 --> 00:13:03,124
and that the partnership helped OpenAI
obtain the capital and the compute that it

163
00:13:03,124 --> 00:13:05,464
needed to advance its research.

164
00:13:06,544 --> 00:13:07,644
And you also heard

165
00:13:08,504 --> 00:13:12,564
how that partnership helped Microsoft
better compete with Google.

166
00:13:14,504 --> 00:13:16,744
And I told you that the evidence would
show

167
00:13:17,444 --> 00:13:20,344
that Microsoft never learned anything

168
00:13:21,024 --> 00:13:25,404
about specific conditions on Mr. Musk's
donations to OpenAI.

169
00:13:26,884 --> 00:13:28,404
And now you've heard why that is.

170
00:13:31,144 --> 00:13:32,804
There were no specific conditions.

171
00:13:34,144 --> 00:13:35,844
Nobody knew about those conditions.

172
00:13:37,944 --> 00:13:40,214
Nobody told Microsoft about those
conditions,

173
00:13:40,964 --> 00:13:47,244
and Microsoft never found a single page of
a single document that referenced any

174
00:13:47,244 --> 00:13:48,204
such conditions.

175
00:13:50,804 --> 00:13:54,784
But it's even worse than that because not
even Mr. Mollo and Mr. Musk

176
00:13:55,564 --> 00:13:57,924
can keep these specific purposes straight.

177
00:13:59,224 --> 00:14:02,604
They said the purposes were nonprofit and
open source.

178
00:14:03,684 --> 00:14:04,584
But then you heard

179
00:14:05,364 --> 00:14:05,504
that

180
00:14:06,164 --> 00:14:08,844
a for-profit with caps, well, that was
okay, but

181
00:14:10,764 --> 00:14:15,143
caps couldn't be too high. They said a
nonprofit with a for-profit that is an

182
00:14:15,144 --> 00:14:15,704
adjunct,

183
00:14:16,404 --> 00:14:20,684
well, that's okay if it was a subsidiary
of the nonprofit. But if it's not an

184
00:14:20,684 --> 00:14:25,424
adjunct, that's not okay. They said three
billion dollars, that was okay, but

185
00:14:26,084 --> 00:14:28,144
ten billion dollars was not.

186
00:14:29,464 --> 00:14:32,394
They said a lot of things, but if they
can't keep it straight,

187
00:14:33,324 --> 00:14:35,434
how could Microsoft possibly know,

188
00:14:36,984 --> 00:14:41,964
actually know, as the judge has instructed
you, about the specific charitable

189
00:14:41,964 --> 00:14:44,524
purposes of Mr. Musk's donations?

190
00:14:45,424 --> 00:14:49,104
So I'm gonna spend the next forty minutes
or so showing you how,

191
00:14:49,744 --> 00:14:55,664
in the judge's words, these pieces fit
together and why Mr. Musk can't prove his

192
00:14:55,664 --> 00:14:57,664
one claim against Microsoft.

193
00:14:58,984 --> 00:15:00,304
So let me start with a roadmap.

194
00:15:02,064 --> 00:15:06,284
The court explained to you that there is
only one claim against Microsoft for

195
00:15:06,284 --> 00:15:09,084
aiding and abetting a breach of charitable
trust.

196
00:15:09,684 --> 00:15:15,024
But the court also explained to you that
if you find that Musk did not prove that

197
00:15:15,024 --> 00:15:17,984
Altman, Brockman, or the OpenAI Foundation

198
00:15:18,604 --> 00:15:20,524
committed a breach of charitable trust,

199
00:15:21,424 --> 00:15:26,864
you must find that Microsoft is not liable
for aiding and abetting. In other words,

200
00:15:26,864 --> 00:15:27,984
you have to find that

201
00:15:28,664 --> 00:15:35,404
Musk created a charitable trust and that
it was breached to even consider a claim

202
00:15:35,404 --> 00:15:39,824
against Microsoft. If the answer to either
of those questions is no,

203
00:15:40,584 --> 00:15:42,844
then there is no claim against Microsoft.

204
00:15:43,964 --> 00:15:46,164
And as you've just heard from OpenAI,

205
00:15:47,024 --> 00:15:51,204
Mr. Musk cannot prove with evidence in
this case, bearing the burden,

206
00:15:52,013 --> 00:15:56,824
that there was a charitable trust because
there were no specific conditions on his

207
00:15:56,824 --> 00:15:58,244
donations and no breach.

208
00:15:58,984 --> 00:16:02,404
And that means you don't even reach the
claim against Microsoft.

209
00:16:04,904 --> 00:16:10,184
Now, every one of these witnesses said
that they didn't know about any conditions

210
00:16:10,184 --> 00:16:11,004
or restrictions

211
00:16:11,684 --> 00:16:16,144
or specific charitable purposes, it's the
same thing, for Musk's donations, or they

212
00:16:16,144 --> 00:16:17,594
don't recall them at all.

213
00:16:19,004 --> 00:16:20,534
And that includes Mr. Birchall,

214
00:16:21,334 --> 00:16:26,624
the person who helped Mr. Musk make these
donations. It includes Mr. Teller, his

215
00:16:26,624 --> 00:16:30,364
right-hand man, and Ms. Zillis, who helped
Musk communicate

216
00:16:31,044 --> 00:16:31,844
with OpenAI.

217
00:16:32,524 --> 00:16:33,664
No one knew.

218
00:16:34,944 --> 00:16:37,964
And no one knew because there is no
specific charitable purpose.

219
00:16:38,584 --> 00:16:42,244
And if there's no specific charitable
purpose, there is no charitable trust,

220
00:16:42,244 --> 00:16:46,444
which means there is no claim against
Microsoft. And that, that should be the

221
00:16:46,444 --> 00:16:46,924
end of it.

222
00:16:48,364 --> 00:16:52,764
But let me also walk you step by step

223
00:16:53,484 --> 00:16:57,984
and show you why Mr. Musk can't prove his
aiding and abetting claim against

224
00:16:57,984 --> 00:16:59,104
Microsoft either.

225
00:17:00,284 --> 00:17:03,004
So the first thing he has to show is that
Microsoft

226
00:17:03,644 --> 00:17:08,444
actually knew of Musk's specific
charitable purpose, and he can't do that.

227
00:17:09,764 --> 00:17:13,224
But let me start with the burden of proof.
You heard the judge explain it to you,

228
00:17:13,224 --> 00:17:14,124
and it's important

229
00:17:14,944 --> 00:17:16,344
because on this claim,

230
00:17:17,204 --> 00:17:21,123
Mr. Musk has the burden. On the claim
against Microsoft, Mr. Musk has the

231
00:17:21,124 --> 00:17:23,884
burden. It means he has to show you the
evidence.

232
00:17:25,424 --> 00:17:31,424
For each step, he has to show you enough
evidence to persuade you that his story is

233
00:17:31,424 --> 00:17:33,144
more likely true than not.

234
00:17:34,384 --> 00:17:39,624
And on that first step, what does he need
to prove? He needs to prove that Microsoft

235
00:17:39,624 --> 00:17:45,904
had actual knowledge that Musk made his
donations for specific charitable

236
00:17:45,904 --> 00:17:48,284
purposes, that Microsoft actually knew,

237
00:17:49,464 --> 00:17:52,364
actually knew why Musk made those
donations to OpenAI.

238
00:17:52,984 --> 00:17:55,624
Not that Musk made donations to OpenAI,

239
00:17:56,424 --> 00:18:01,464
not that Musk was a donor, but that he
made the donations to do something

240
00:18:01,464 --> 00:18:02,224
specific.

241
00:18:03,264 --> 00:18:08,294
And ask yourself, did you see any evidence
that Microsoft actually knew that?

242
00:18:11,544 --> 00:18:13,304
This is what else the judge told you.

243
00:18:14,264 --> 00:18:18,604
A vague suspicion of wrongdoing or a hunch
is not actual knowledge, and that's

244
00:18:18,604 --> 00:18:19,164
important.

245
00:18:20,424 --> 00:18:23,648
It's a high barShe also told you

246
00:18:24,708 --> 00:18:28,228
should have known is not enough. Should
have known is not enough.

247
00:18:29,908 --> 00:18:35,048
Mr. Musk has a high standard here, and let
me show you why he doesn't even come

248
00:18:35,048 --> 00:18:35,528
close.

249
00:18:38,148 --> 00:18:43,028
So you recall that Microsoft was not there
at the founding of OpenAI. It was not

250
00:18:43,028 --> 00:18:46,108
there when Mr. Musk made his donations.

251
00:18:46,888 --> 00:18:50,988
It was not there when the founders
discussed the formation of a for-profit.

252
00:18:51,828 --> 00:18:54,608
It was not there when Micro-- when Mr.
Musk left.

253
00:18:55,908 --> 00:19:00,448
It was not involved in OpenAI creating the
for-profit subsidiary, and it was not

254
00:19:00,448 --> 00:19:07,188
involved in the transfer of employees and
IP to the for-profit subsidiary. And why

255
00:19:07,188 --> 00:19:07,828
does that matter?

256
00:19:08,868 --> 00:19:10,708
Because if Microsoft wasn't there,

257
00:19:11,848 --> 00:19:16,428
it wouldn't have any first-hand knowledge
of any specific charitable purpose for Mr.

258
00:19:16,428 --> 00:19:17,908
Musk's donations.

259
00:19:19,088 --> 00:19:23,428
And that means that Microsoft would only
know if someone told Microsoft,

260
00:19:24,328 --> 00:19:26,968
somebody told them about the specific
charitable purposes.

261
00:19:27,727 --> 00:19:29,688
But the evidence is that no one did.

262
00:19:32,068 --> 00:19:35,208
In this courtroom, you heard us ask the
same question

263
00:19:35,888 --> 00:19:41,608
about conditions, about restrictions over
and over and over again, and every time

264
00:19:41,648 --> 00:19:47,028
the answer was the same. Sam Altman never
told Microsoft. Greg Brockman never told

265
00:19:47,028 --> 00:19:48,468
Microsoft. Ilya Sutskever

266
00:19:49,248 --> 00:19:53,708
never told Microsoft. Mira Murati, Tasha
McCauley never told Microsoft.

267
00:19:54,628 --> 00:19:56,128
Mr. Musk's associates,

268
00:19:57,348 --> 00:20:00,068
Siobhan Sylas didn't recall telling
Microsoft.

269
00:20:01,228 --> 00:20:02,288
Same with Jared Birchall.

270
00:20:03,508 --> 00:20:04,808
Same with Sam Teller.

271
00:20:05,808 --> 00:20:08,908
No one told Microsoft because there was
nothing to tell.

272
00:20:10,188 --> 00:20:13,268
And Mr. Musk never told Microsoft either.

273
00:20:14,148 --> 00:20:17,478
You heard Mr. Nadella testify. Mr. Musk
had his phone number.

274
00:20:18,108 --> 00:20:23,608
He never told Microsoft about any specific
charitable purposes for his donations.

275
00:20:26,488 --> 00:20:31,428
So how could Microsoft have known about
specific charitable purposes if it wasn't

276
00:20:31,428 --> 00:20:31,728
there

277
00:20:32,628 --> 00:20:33,548
and it wasn't told?

278
00:20:34,588 --> 00:20:36,408
Well, maybe if somebody had written it
down.

279
00:20:39,468 --> 00:20:44,908
But Microsoft confirmed for itself through
its due diligence that there was nothing

280
00:20:44,908 --> 00:20:47,468
that would stop OpenAI from partnership.

281
00:20:48,688 --> 00:20:51,928
You heard from Mr. Scott and from Mr.
Wetter just yesterday.

282
00:20:53,148 --> 00:20:58,548
Microsoft spent more than a year from
first learning about OpenAI's plans for a

283
00:20:58,548 --> 00:21:03,348
commercial venture before it got
comfortable recommending a partnership to

284
00:21:03,348 --> 00:21:04,188
its own board.

285
00:21:05,208 --> 00:21:08,628
And then it spent another three months
before it was finalized.

286
00:21:09,348 --> 00:21:12,288
Even Mr. Mullow said that Microsoft did
its diligence,

287
00:21:13,528 --> 00:21:18,888
and Microsoft never found a single page
referencing any conditions on Mr. Musk's

288
00:21:18,888 --> 00:21:23,288
donations, you heard the testimony, let
alone specific charitable purposes that

289
00:21:23,288 --> 00:21:24,868
would prevent it from partnering. Now,

290
00:21:26,288 --> 00:21:30,868
maybe the diligence testimony wasn't the
most interesting testimony at this trial,

291
00:21:30,868 --> 00:21:35,368
but I hope you realize how seriously
Microsoft took the due diligence.

292
00:21:37,288 --> 00:21:41,927
So this timeline really shows just how
deliberate and responsible Microsoft was

293
00:21:41,928 --> 00:21:42,808
before partnering.

294
00:21:43,448 --> 00:21:46,587
You recall Mr. Nadella testified hearing
from Mr. Altman

295
00:21:47,408 --> 00:21:50,928
about a proposal in February of
twenty-eight-- twenty eighteen.

296
00:21:51,868 --> 00:21:56,068
Mr. Scott wrote his email raising
questions about it in March of twenty

297
00:21:56,068 --> 00:21:56,528
eighteen

298
00:21:57,188 --> 00:22:01,328
and then began gathering information, had
conversations with Satya, had

299
00:22:01,328 --> 00:22:02,908
conversations with Reid Hoffman,

300
00:22:03,968 --> 00:22:06,028
did a site visit, learned more.

301
00:22:08,368 --> 00:22:13,628
And then in November twenty eighteen, he
started to get answers. He learned that

302
00:22:13,628 --> 00:22:18,848
OpenAI had created a for-profit subsidiary
that was controlled by the nonprofit

303
00:22:19,288 --> 00:22:22,188
and that they had investors. That was
important.

304
00:22:24,488 --> 00:22:29,948
Every step of the way, at no step of the
way did he learn anything about Mr. Musk,

305
00:22:29,948 --> 00:22:34,708
about Mr. Musk's donations, or about any
specific charitable purpose.

306
00:22:36,288 --> 00:22:40,037
And then finally, yesterday, you heard
from Mr. Wetter about Microsoft's

307
00:22:40,037 --> 00:22:44,828
comprehensive formal due diligence
process, and that showed nothing about Mr.

308
00:22:44,828 --> 00:22:47,308
Musk's specific charitable purpose.

309
00:22:49,528 --> 00:22:54,368
So Microsoft only partnered after more
than a year of consideration, and in that

310
00:22:54,368 --> 00:22:58,618
year never found anything showing that
Musk made his donations for specific

311
00:22:58,618 --> 00:23:02,368
charitable purposes because there was
nothing to find.

312
00:23:03,748 --> 00:23:05,378
And because there was nothing to find,

313
00:23:06,148 --> 00:23:07,428
as Mr. Wetter explained,

314
00:23:08,188 --> 00:23:11,448
OpenAI, right in the contracts themselves,

315
00:23:12,108 --> 00:23:13,928
represented and warranted

316
00:23:15,188 --> 00:23:17,168
that the partnership was authorized,

317
00:23:17,788 --> 00:23:22,668
that it was authorized by the nonprofit
board, and that it wouldn't violate any

318
00:23:22,668 --> 00:23:25,248
third-party rights. And who is the third
party?

319
00:23:26,028 --> 00:23:28,848
It could be any donor, including Mr. Musk,
and of course,

320
00:23:29,488 --> 00:23:31,108
no other donor has ever sued.

321
00:23:32,528 --> 00:23:36,248
So OpenAI made this representation in
twenty nineteen,

322
00:23:37,168 --> 00:23:38,308
and it did it again

323
00:23:39,028 --> 00:23:41,568
and again in every agreement after that.

324
00:23:44,788 --> 00:23:45,488
And finally,

325
00:23:46,968 --> 00:23:50,168
these three witnesses, Mr. Musk's
witnesses,

326
00:23:50,788 --> 00:23:52,828
who are laser-focused on the mission,

327
00:23:53,528 --> 00:23:58,748
they approved the partnership on behalf of
OpenAI's nonprofit board

328
00:23:58,808 --> 00:24:02,028
because they all thought it was in the
best interest

329
00:24:02,768 --> 00:24:03,568
of OpenAI.

330
00:24:04,908 --> 00:24:08,348
Did you hear Mr. Mullow mention even once
this fact?

331
00:24:11,648 --> 00:24:15,788
Everything Microsoft was told, everything
it reviewed, and every assurance by

332
00:24:15,788 --> 00:24:22,328
OpenAI, especially the approval of the
OpenAI nonprofit board, this board

333
00:24:23,308 --> 00:24:28,548
confirmed there were no specific
charitable purposes on Mr. Musk's

334
00:24:28,548 --> 00:24:34,204
donations.So on this first step of proving
Microsoft's actual knowledge, there,

335
00:24:34,204 --> 00:24:39,084
there is no evidence. There's no evidence
that Microsoft had actual knowledge that

336
00:24:39,084 --> 00:24:45,244
Mr. Musk made his donations for specific
charitable purposes, and indeed, there is

337
00:24:45,244 --> 00:24:47,604
overwhelming evidence showing the
opposite.

338
00:24:49,284 --> 00:24:50,624
So what does Mr.

339
00:24:51,384 --> 00:24:52,564
Mullow say about this?

340
00:24:53,564 --> 00:24:55,984
Uh, to-today he said very little, frankly.

341
00:24:57,164 --> 00:25:02,163
But I wanna take you back to something he
said at the very start of this case in his

342
00:25:02,163 --> 00:25:03,314
opening statement,

343
00:25:03,964 --> 00:25:06,394
because I think it tells you everything
you need to know.

344
00:25:07,884 --> 00:25:09,444
You remember in his opening,

345
00:25:10,164 --> 00:25:14,224
Mr. Mullow told you to write down three
questions. This was question number three.

346
00:25:14,224 --> 00:25:16,144
He asked you

347
00:25:17,124 --> 00:25:22,144
to write down, did Microsoft know about
the charitable mission?

348
00:25:24,704 --> 00:25:27,824
But that's not enough. That is the wrong
question.

349
00:25:28,684 --> 00:25:32,784
The judge has now instructed you on the
law, and she has given you the right

350
00:25:32,784 --> 00:25:33,244
question.

351
00:25:34,124 --> 00:25:38,804
The right question is that Microsoft had
actual knowledge that Musk made his

352
00:25:38,804 --> 00:25:42,094
donation for a specific charitable
purpose,

353
00:25:42,884 --> 00:25:45,784
and that difference is so important.

354
00:25:47,604 --> 00:25:49,264
So why do you think Mr. Mullow did that?

355
00:25:50,864 --> 00:25:54,444
'Cause he doesn't have any evidence that
Microsoft knew anything

356
00:25:55,064 --> 00:26:00,364
about a specific charitable purpose. He
only has evidence that Microsoft knew

357
00:26:00,364 --> 00:26:02,094
about the mission of the nonprofit,

358
00:26:03,024 --> 00:26:04,583
but that's not enough.

359
00:26:07,764 --> 00:26:12,944
Remember in the instructions there was an
example involving a hospital about what a

360
00:26:12,944 --> 00:26:14,844
specific charitable purpose is.

361
00:26:15,644 --> 00:26:19,984
Well, first of all, what it's not, it's
not a gift to the hospital generally.

362
00:26:21,764 --> 00:26:27,424
It is a gift to a hospital to support
medical research on a particular disease.

363
00:26:28,464 --> 00:26:30,484
So what is it that Microsoft knew?

364
00:26:31,964 --> 00:26:36,444
Microsoft knew that OpenAI was a
nonprofit. It knew that Musk gave to

365
00:26:36,444 --> 00:26:37,064
OpenAI.

366
00:26:37,704 --> 00:26:42,404
Microsoft knew that OpenAI had a
charitable mission.

367
00:26:43,044 --> 00:26:48,164
But that's very different from knowing
that Mr. Musk made his donations for

368
00:26:48,164 --> 00:26:50,684
specific charitable purposes.

369
00:26:52,884 --> 00:26:56,324
And what does Musk rely on to show
Microsoft's knowledge?

370
00:26:57,144 --> 00:26:57,344
Well,

371
00:26:58,384 --> 00:27:03,024
you've seen this document a lot. It's the
certificate of incorporation. Mr. Mullow

372
00:27:03,024 --> 00:27:04,453
kept coming back to this.

373
00:27:05,264 --> 00:27:08,214
Microsoft knew about the certificate of
incorporation.

374
00:27:09,624 --> 00:27:14,624
Mr. Mullow read to you from today, but as
Professor Hemel explained yesterday,

375
00:27:15,704 --> 00:27:17,724
it contains boilerplate language,

376
00:27:18,484 --> 00:27:22,064
language that the IRS requires be included
in this document.

377
00:27:23,354 --> 00:27:28,824
The certificate of incorporation is like
the general gift to a hospital. The

378
00:27:28,824 --> 00:27:31,424
mission is like a general gift to the
hospital.

379
00:27:35,264 --> 00:27:40,584
The certificate of incorporation does not
mention Mr. Musk or specific charitable

380
00:27:40,584 --> 00:27:45,224
purposes for his donation. It does not
prove anything.

381
00:27:50,444 --> 00:27:53,164
And remember, I asked Mr. Wetter the
question,

382
00:27:53,984 --> 00:27:58,203
how could you look at the certificate of
incorporation and proceed with

383
00:27:58,204 --> 00:27:59,944
partnership? And he explained to you,

384
00:28:00,824 --> 00:28:06,384
well, the other thing we looked at is that
the nonprofit board itself created the

385
00:28:06,384 --> 00:28:07,924
for-profit structure,

386
00:28:08,664 --> 00:28:10,844
and it authorized the partnership.

387
00:28:12,444 --> 00:28:15,763
The certificate of incorporation does not
prove anything.

388
00:28:18,824 --> 00:28:21,404
Mr. Mullow also pointed to this email.

389
00:28:22,314 --> 00:28:26,844
He pointed to it in his opening statement,
and he referenced it just a few hours

390
00:28:26,844 --> 00:28:33,824
ago. He said, "This email from Mr. Scott
means that Microsoft knew what it was

391
00:28:33,824 --> 00:28:34,124
doing."

392
00:28:35,264 --> 00:28:38,424
But you heard Mr. Scott testify about this
yesterday.

393
00:28:39,604 --> 00:28:40,244
He never knew,

394
00:28:41,264 --> 00:28:47,563
he was never told, and he never found out
anything about Mr. Musk's donations.

395
00:28:49,363 --> 00:28:55,404
Mr. Scott asked questions, he got answers,
and he did due diligence.

396
00:28:56,504 --> 00:29:00,924
This email is not evidence of knowledge.
It's not evidence of anything except that

397
00:29:00,924 --> 00:29:06,084
Mr. Scott had questions and that Microsoft
took time to get answers to those

398
00:29:06,084 --> 00:29:10,564
questions before entering a risky and
important partnership.

399
00:29:12,684 --> 00:29:16,184
Now, Mr. Musk has not proved actual
knowledge. He has not proved that

400
00:29:16,184 --> 00:29:21,444
Microsoft actually knew there was a
specific charitable purpose, and on that

401
00:29:21,444 --> 00:29:22,324
ground alone,

402
00:29:23,044 --> 00:29:23,984
the claim fails.

403
00:29:26,024 --> 00:29:28,284
And if you see the evidence as I see it,

404
00:29:29,524 --> 00:29:30,964
you don't even get to the next step,

405
00:29:31,724 --> 00:29:34,554
but Mr. Musk fails here as well.

406
00:29:36,084 --> 00:29:41,104
He also has the burden to show you that
there is evidence that proves that

407
00:29:41,104 --> 00:29:45,864
Microsoft gave substantial assistance in
breaching the charitable trust.

408
00:29:47,164 --> 00:29:49,204
Here's what the court instructed you.

409
00:29:49,924 --> 00:29:54,444
Microsoft gave substantial assistance to
Altman Brockman or the OpenAI Foundation

410
00:29:55,284 --> 00:29:58,004
in breaching the charitable trust created
by Musk.

411
00:29:59,324 --> 00:30:01,044
But the evidence does not show that

412
00:30:02,524 --> 00:30:05,424
for two reas-- for two reasons, excuse me.
First,

413
00:30:06,644 --> 00:30:10,644
Microsoft wasn't involved in the creation
of the for-profit and the transfer of the

414
00:30:10,644 --> 00:30:14,324
assets, and it can't substantially assist
what it wasn't involved in.

415
00:30:15,544 --> 00:30:16,184
And second,

416
00:30:17,624 --> 00:30:21,864
partnering with OpenAI and providing it
with billions in cash and compute

417
00:30:22,764 --> 00:30:25,564
was in the best interest of OpenAI

418
00:30:26,584 --> 00:30:33,523
as the nonprofit board members themselves
confirmed at trialEvery step of the

419
00:30:33,524 --> 00:30:38,104
way, from the launch of the partnership in
twenty nineteen to the ten billion dollar

420
00:30:38,104 --> 00:30:43,804
investment in twenty twenty-three,
OpenAI's nonprofit board, as well as many

421
00:30:43,804 --> 00:30:48,244
other witnesses who are here, Ms. Moradi,
Mr. Sutskever, Brett Taylor, Greg

422
00:30:48,244 --> 00:30:53,344
Brockman, Sam Altman, they all confirmed
how essential the partnership was for

423
00:30:53,344 --> 00:30:53,944
OpenAI.

424
00:30:56,964 --> 00:30:58,364
So we already looked at this slide,

425
00:30:59,204 --> 00:31:03,764
and Microsoft wasn't involved in creating
the for-profit subsidiary. You heard the

426
00:31:03,764 --> 00:31:08,124
testimony on that. It wasn't involved in
the transfer of the assets. It can't

427
00:31:08,124 --> 00:31:11,064
substantially assist what it wasn't
involved in.

428
00:31:12,764 --> 00:31:14,804
So what is it that Microsoft did?

429
00:31:15,564 --> 00:31:17,944
What was the purpose and effect of the
partnership?

430
00:31:18,944 --> 00:31:19,104
Well,

431
00:31:20,004 --> 00:31:23,744
you've heard about this. Microsoft was
providing the resources and the compute

432
00:31:23,744 --> 00:31:24,844
that OpenAI needed,

433
00:31:25,504 --> 00:31:28,324
and without which it likely would not have
survived,

434
00:31:29,284 --> 00:31:33,943
and it was allowing Microsoft itself to
better compete against other AI platform

435
00:31:33,944 --> 00:31:35,324
companies like Google.

436
00:31:37,964 --> 00:31:42,084
Remember when the judge asked Dr.
Sutskever about the importance of compute

437
00:31:42,084 --> 00:31:44,144
and what it allowed OpenAI to do?

438
00:31:47,824 --> 00:31:51,894
He was asked, "If he could quantify what
the level of technology was at the time

439
00:31:51,894 --> 00:31:55,804
that you left." And he said, "If you
compare twenty eighteen to now, it's like

440
00:31:55,804 --> 00:31:59,414
the difference between an ant and a cat.
It's a big difference."

441
00:32:00,404 --> 00:32:04,804
And then she asked him, "And if you
received no funding?" He went on to

442
00:32:04,804 --> 00:32:10,764
explain, "If there's no funding, then
there's no big computer, it was not going

443
00:32:10,764 --> 00:32:11,264
to work."

444
00:32:12,514 --> 00:32:15,404
That is not substantially assisting a
breach.

445
00:32:16,244 --> 00:32:21,504
OpenAI needed billions. Mr. Musk himself
knew it needed billions. That's what he

446
00:32:21,504 --> 00:32:24,784
said when he walked out the door in
December of twenty eighteen, that it

447
00:32:24,784 --> 00:32:26,064
needed billions.

448
00:32:27,564 --> 00:32:31,694
Mr. Taylor also testified that the
partnership was essential.

449
00:32:32,754 --> 00:32:38,164
"I think without Microsoft's investment,
I'm not sure OpenAI would exist in its

450
00:32:38,164 --> 00:32:39,524
current form today."

451
00:32:40,924 --> 00:32:43,884
That is not substantially assisting a
breach.

452
00:32:46,904 --> 00:32:52,244
Now, Mr. Mullow said that Microsoft did
something wrong by pushing OpenAI to

453
00:32:52,244 --> 00:32:53,084
commercialize,

454
00:32:54,384 --> 00:32:57,184
but that's not what the evidence shows.

455
00:32:58,904 --> 00:33:02,294
Ms. Moradi testified about this. She was
asked,

456
00:33:03,104 --> 00:33:07,024
"Is it fair to say that it was OpenAI's
decision to commercialize?"

457
00:33:07,764 --> 00:33:12,324
"Absolutely." "And that decision to
commercialize was made independent of

458
00:33:12,324 --> 00:33:13,084
Microsoft?"

459
00:33:13,704 --> 00:33:19,984
"Yes." "Why did OpenAI make that change?"
And she explained, "Because it was core to

460
00:33:19,984 --> 00:33:21,404
achieving the mission."

461
00:33:26,584 --> 00:33:31,104
Contrary to what Mr. Mullow said to you,
OpenAI was making its own decisions

462
00:33:31,784 --> 00:33:32,744
for its own reasons,

463
00:33:33,364 --> 00:33:38,024
and Microsoft was not calling the shots.
Ms. Moradi was clear about that in her

464
00:33:38,024 --> 00:33:38,604
testimony.

465
00:33:39,884 --> 00:33:45,564
She testified just yesterday on video that
the negotiations with Microsoft were at

466
00:33:45,564 --> 00:33:47,404
arm's length, is how she described it,

467
00:33:48,224 --> 00:33:52,124
and that Microsoft did not have any undue
control over OpenAI.

468
00:33:53,464 --> 00:33:58,144
And Microsoft never had a voting member on
OpenAI's board.

469
00:34:00,444 --> 00:34:06,683
So here is the bottom line. You recall Mr.
Nadella explaining the partnership using

470
00:34:06,684 --> 00:34:09,104
this demonstrative. He called them the
gets.

471
00:34:09,944 --> 00:34:13,184
There were gets for OpenAI, there were
gets for Microsoft,

472
00:34:14,144 --> 00:34:17,384
and that's why he called this a win-win.

473
00:34:18,504 --> 00:34:22,964
He also said this was a classic case of
the pie getting larger. You remember that?

474
00:34:22,964 --> 00:34:25,284
Professor Cote said that yesterday as
well.

475
00:34:29,184 --> 00:34:32,844
This is another way of saying the same
thing. It's what I explained to you a few

476
00:34:32,844 --> 00:34:34,594
weeks ago in my opening statement,

477
00:34:35,764 --> 00:34:41,764
that with investment and compute, OpenAI
was able to produce more research and more

478
00:34:41,764 --> 00:34:47,183
models and IP, which led to more
investment and compute, which led to more

479
00:34:47,184 --> 00:34:49,404
models, and so it went.

480
00:34:50,704 --> 00:34:53,123
And now OpenAI's technology is,

481
00:34:54,364 --> 00:35:00,344
with Microsoft's partnership, available
for free and used by hundreds of millions

482
00:35:00,344 --> 00:35:00,904
of people.

483
00:35:02,544 --> 00:35:07,384
So the answer to Mr. Mullow's claim that
Microsoft's investments expanded over

484
00:35:07,384 --> 00:35:07,774
time,

485
00:35:08,784 --> 00:35:11,384
yes, it is this virtuous cycle.

486
00:35:12,624 --> 00:35:16,064
And the answer to why there was more IP
over time,

487
00:35:16,924 --> 00:35:19,044
it is this virtuous cycle.

488
00:35:19,744 --> 00:35:25,104
And the answer to why there was more value
being created and the pie was getting

489
00:35:25,104 --> 00:35:25,384
bigger,

490
00:35:26,284 --> 00:35:28,404
it is this virtuous cycle.

491
00:35:29,504 --> 00:35:34,244
Now, Microsoft's spending on this
partnership is upward of one hundred

492
00:35:34,244 --> 00:35:35,124
billion dollars.

493
00:35:36,344 --> 00:35:37,884
That is what Microsoft has done.

494
00:35:38,744 --> 00:35:41,544
It is not substantially assisting a
breach.

495
00:35:45,884 --> 00:35:49,444
So is it any surprise that OpenAI's
nonprofit board,

496
00:35:50,504 --> 00:35:52,984
which included Ms. Zillis,

497
00:35:53,824 --> 00:35:58,084
and I think Mr. Mullow described her
earlier as having no agenda,

498
00:35:58,724 --> 00:36:00,044
is it any surprise

499
00:36:00,784 --> 00:36:04,454
that she approved the twenty twenty-three
agreement

500
00:36:05,124 --> 00:36:07,274
as well as the twenty twenty-one
agreement,

501
00:36:08,044 --> 00:36:11,044
and the entire board approved the twenty
nineteen agreement?

502
00:36:14,224 --> 00:36:19,084
Now, before I finish on substantial
assistance, I just wanna talk briefly

503
00:36:19,084 --> 00:36:23,584
about the two professors you heard from on
nonprofit custom and practice.

504
00:36:24,484 --> 00:36:27,424
Uh, you heard from Professor Hemel, uh,
yesterday.

505
00:36:28,184 --> 00:36:29,724
He explained that for-profit,

506
00:36:30,444 --> 00:36:33,464
nonprofit collaborationsAnd

507
00:36:34,284 --> 00:36:38,984
nonprofits having for-profit affiliates,
it's very common. He also explained that

508
00:36:38,984 --> 00:36:43,534
nonprofits are not limited to forming
for-profits that are only small adjuncts,

509
00:36:44,364 --> 00:36:47,084
and that they commonly license their IP.

510
00:36:48,984 --> 00:36:52,574
At the same time, you heard from Professor
Schizer,

511
00:36:53,414 --> 00:36:57,804
uh, that in fact he had nothing relevant
to say about Microsoft. He didn't have any

512
00:36:57,804 --> 00:37:02,304
opinions about whether Microsoft knew of
the conditions. He wasn't asked to opine

513
00:37:02,304 --> 00:37:07,104
on that, and he wasn't offering any
opinions about Microsoft's conduct. He

514
00:37:07,104 --> 00:37:11,804
wasn't offering any opinions about
for-profit companies, which of course,

515
00:37:11,804 --> 00:37:12,984
Microsoft is.

516
00:37:14,004 --> 00:37:16,664
And Mr. Mullow himself said today that

517
00:37:17,344 --> 00:37:21,484
Microsoft wasn't subject to these same
standards that Mr. Schizer was talking

518
00:37:21,484 --> 00:37:21,804
about.

519
00:37:25,204 --> 00:37:28,704
So let me briefly touch on the third
element

520
00:37:29,644 --> 00:37:34,204
of aiding and abetting, and that's
answering the question whether Microsoft's

521
00:37:34,204 --> 00:37:39,684
conduct was a substantial factor in
causing harm to Mr. Musk.

522
00:37:41,604 --> 00:37:44,764
Ask yourself, ask yourself, in the course
of this trial,

523
00:37:45,644 --> 00:37:48,964
did you hear anything at all about how Mr.
Musk was harmed

524
00:37:49,624 --> 00:37:50,984
by Microsoft's partnership?

525
00:37:52,064 --> 00:37:55,044
Anything from Musk, from his associates,
from anyone?

526
00:37:56,304 --> 00:38:02,004
This is yet another reason to find in
favor of Microsoft, because Mr. Musk has

527
00:38:02,004 --> 00:38:03,684
failed to show this too.

528
00:38:09,144 --> 00:38:09,434
[sighs]

529
00:38:10,804 --> 00:38:13,824
Let me turn to November of twenty
twenty-three.

530
00:38:16,364 --> 00:38:20,324
Mr. Mullow has spent a lot of time talking
about November twenty twenty-three today

531
00:38:20,324 --> 00:38:21,204
with the witnesses.

532
00:38:22,484 --> 00:38:27,544
It has nothing to do with whether
Microsoft knowingly helped to breach a

533
00:38:27,544 --> 00:38:32,644
charitable trust. It has nothing to do
with Mr. Musk or his donations. It has

534
00:38:32,644 --> 00:38:36,864
nothing to do with Microsoft's actual
knowledge of specific charitable purposes.

535
00:38:36,864 --> 00:38:41,524
It has nothing to do with whether
Microsoft's partnership substantially

536
00:38:41,524 --> 00:38:44,004
assisted a breach. It is a distraction.

537
00:38:45,164 --> 00:38:47,224
But I will set the record straight.

538
00:38:49,284 --> 00:38:50,284
Mr. Mullow

539
00:38:51,224 --> 00:38:51,544
said

540
00:38:52,364 --> 00:38:55,324
that Satya Nadella was controlling,

541
00:38:56,004 --> 00:38:57,864
but that's not what Mira Murati said.

542
00:38:59,144 --> 00:38:59,804
She was asked,

543
00:39:00,544 --> 00:39:02,964
"Why was the board inviting Satya to meet
with it?

544
00:39:04,344 --> 00:39:08,644
He was the voice of reason. It was a crazy
situation. Did the board authorize that?"

545
00:39:09,274 --> 00:39:09,664
"Yes."

546
00:39:14,544 --> 00:39:19,484
Mr. Mullow said that Microsoft controlled
them, and Satya Nadella said that in an

547
00:39:19,484 --> 00:39:22,804
interview. Mr. Mullow likes this quote,
"Below them, above them, around them."

548
00:39:23,924 --> 00:39:29,044
Uh, but you heard Mr. Nadella explain it
and explain the interview he gave in the

549
00:39:29,044 --> 00:39:32,564
midst of this crisis, and it doesn't mean
what Mr. Mullow said.

550
00:39:34,024 --> 00:39:39,064
Satya Nadella wanted and needed to
reassure Microsoft's customers by

551
00:39:39,064 --> 00:39:41,004
confirming that Microsoft

552
00:39:43,324 --> 00:39:48,034
had the supercomputers it needed to
continue to provide the services,

553
00:39:48,704 --> 00:39:53,784
that it had the applications that its
customers were relying on, and it had the

554
00:39:53,784 --> 00:39:56,384
APIs that the developers were writing to.

555
00:39:57,204 --> 00:39:59,804
That's what Mr. Nadella meant.

556
00:40:01,704 --> 00:40:02,404
And critically,

557
00:40:03,224 --> 00:40:07,524
who made the final decision about who was
on the OpenAI board?

558
00:40:09,034 --> 00:40:11,564
The OpenAI nonprofit board.

559
00:40:12,344 --> 00:40:13,664
That's what Mr. Taylor said.

560
00:40:14,484 --> 00:40:17,644
The outgoing board appointed the new
directors.

561
00:40:18,324 --> 00:40:23,304
That's what Ms. McCauley said, who was
part of that board. OpenAI had the final

562
00:40:23,304 --> 00:40:28,534
say on any decisions about who would be
added to the OpenAI board.

563
00:40:31,504 --> 00:40:36,184
If Microsoft wanted to control OpenAI,
November twenty twenty-three would have

564
00:40:36,184 --> 00:40:39,884
been the perfect opportunity to do that.
That's not what it did.

565
00:40:40,604 --> 00:40:43,244
It supported OpenAI, and it helped
stabilize it.

566
00:40:44,014 --> 00:40:45,724
And Microsoft didn't control it then,

567
00:40:46,504 --> 00:40:52,184
and it doesn't control it now. In fact,
you heard Mr. Altman testify just this

568
00:40:52,184 --> 00:40:56,764
week that OpenAI has since accepted
billions of dollars in additional

569
00:40:56,764 --> 00:41:01,264
investments, investments far, far larger
than what Microsoft invested from

570
00:41:01,264 --> 00:41:05,744
companies like Amazon, NVIDIA, SoftBank,
and many others.

571
00:41:08,704 --> 00:41:10,754
So let me turn to the final element,

572
00:41:11,464 --> 00:41:16,364
whether Mr. Musk sued on time within three
years as required by law. And I'm, I'm

573
00:41:16,364 --> 00:41:20,784
talking about this last, but as you've
heard, this will be the first question you

574
00:41:20,784 --> 00:41:25,524
have to answer because if Mr. Musk didn't
sue on time, and, and the evidence shows

575
00:41:25,524 --> 00:41:25,924
he didn't,

576
00:41:26,704 --> 00:41:29,564
then you don't even get to the other
questions.

577
00:41:30,604 --> 00:41:34,314
And you've heard this referred to, this is
the statute of limitations, and it is

578
00:41:34,314 --> 00:41:35,704
very important in this case.

579
00:41:36,364 --> 00:41:40,484
We have statute of limitations because if
people wait too long,

580
00:41:41,104 --> 00:41:46,464
it is unfair. People forget. The evidence
is lost. You saw that in Mr. Savitt's

581
00:41:46,464 --> 00:41:50,984
presentation, and you remember that
because so many of Mr. Musk's witnesses

582
00:41:50,984 --> 00:41:53,904
testified that they didn't recall or
didn't remember.

583
00:41:54,744 --> 00:42:00,504
And it's also unfair because people rely
on things as they are. Like Microsoft has

584
00:42:00,504 --> 00:42:05,294
continued to build and spend for more than
seven years of this partnership,

585
00:42:06,804 --> 00:42:09,564
now spending over a hundred billion
dollars.

586
00:42:10,184 --> 00:42:14,004
That's why we have statutes of
limitations, and that's why Mr. Musk

587
00:42:14,004 --> 00:42:19,134
should not be permitted to sit on his
hands and only sue years later at the time

588
00:42:19,134 --> 00:42:19,914
of his choosing,

589
00:42:20,544 --> 00:42:25,104
at the time of his choosing after the
success of ChatGPT, after he launches a

590
00:42:25,104 --> 00:42:29,924
competing AI company, and as part of a
campaign to go after his competitor.

591
00:42:32,324 --> 00:42:36,184
So this is what the judge has instructed
you, and it is important to read these

592
00:42:36,184 --> 00:42:40,024
instructions carefully, each piece of
them, and there are a lot of pieces to the

593
00:42:40,024 --> 00:42:42,748
statute of limitations instruction.But

594
00:42:43,408 --> 00:42:45,428
a simple way you can think about it is,

595
00:42:46,048 --> 00:42:51,488
did Mr. Musk know or could he have found
out? Did Mr. Musk know or could he have

596
00:42:51,488 --> 00:42:51,988
found out?

597
00:42:53,068 --> 00:42:57,008
And if the answer to any of those
questions is yes, his claim is too late.

598
00:42:58,168 --> 00:43:00,738
So the first step is whether Musk's
claims,

599
00:43:02,168 --> 00:43:07,588
Musk's claimed harm occurred before
November 14th, 2021. And that's, that's

600
00:43:07,588 --> 00:43:11,568
easy because he told you that it did. He
told the world that he did when he sent

601
00:43:11,568 --> 00:43:16,968
that tweet on September 24th, 2020. He
said no, that OpenAI was no longer open,

602
00:43:16,968 --> 00:43:22,318
it was captured by Microsoft. So no longer
open, captured by Microsoft, that was his

603
00:43:22,318 --> 00:43:25,298
supposed promise, and he told the world
that it had been broken.

604
00:43:26,328 --> 00:43:30,828
Now, he'll tell you he didn't know and
could not have known, but let's walk

605
00:43:30,868 --> 00:43:34,908
through the evidence so you can decide for
yourself. So here's the tweet.

606
00:43:35,818 --> 00:43:38,738
There's a reason why it's important. It
shows that in 2020,

607
00:43:39,408 --> 00:43:41,878
he believed his supposed promise was
broken.

608
00:43:42,848 --> 00:43:44,668
And you heard his testimony about it.

609
00:43:46,248 --> 00:43:48,348
You were trying to say what you meant,
right?

610
00:43:49,188 --> 00:43:49,428
Yeah.

611
00:43:50,668 --> 00:43:54,268
You thought OpenAI was no longer an open
source, right? Yeah.

612
00:43:55,348 --> 00:43:58,608
And you thought OpenAI had been captured
by Microsoft.

613
00:43:59,408 --> 00:44:01,368
I said it seemed like it. Yeah, sure.

614
00:44:04,128 --> 00:44:04,618
So Mr.

615
00:44:05,288 --> 00:44:10,488
Mullow and Mr. Musk know how damaging this
tweet is to their case, so they've done

616
00:44:10,488 --> 00:44:13,068
everything they could to distance
themselves from it.

617
00:44:14,488 --> 00:44:19,218
Remember when he said that when we showed
it to you in the opening, we were tricking

618
00:44:19,218 --> 00:44:19,508
you?

619
00:44:20,648 --> 00:44:22,928
I think you should ask yourself, who is
tricking who?

620
00:44:25,728 --> 00:44:31,468
Mr. Musk testified and said, "Oh, you
should disregard the tweet because Mr.

621
00:44:31,468 --> 00:44:36,148
Altman immediately reassured me that the
promises were not broken."

622
00:44:37,728 --> 00:44:38,668
Here's what Mr.

623
00:44:39,328 --> 00:44:40,368
Musk testified.

624
00:44:41,468 --> 00:44:46,788
Sam Altman immediately reached out to
reassure me that OpenAI was on its-- was

625
00:44:46,788 --> 00:44:49,788
staying on mission as a nonprofit.

626
00:44:50,508 --> 00:44:55,428
He was reassuring me that OpenAI, the
foundation, retains autonomy to release

627
00:44:55,428 --> 00:44:59,568
work, and that they would continue to
provide access to everyone, not just

628
00:44:59,568 --> 00:45:04,747
Microsoft. So he was reassuring me that
OpenAI, the nonprofit, was staying on

629
00:45:04,748 --> 00:45:05,148
mission.

630
00:45:07,208 --> 00:45:09,588
But that's just not credible.

631
00:45:10,588 --> 00:45:13,308
Let's look at what Mr. Altman actually
said.

632
00:45:15,268 --> 00:45:18,068
He said, "We need many billions of
dollars."

633
00:45:18,688 --> 00:45:24,808
He said, "Microsoft, Microsoft still seems
like the best way for us to get that." He

634
00:45:24,808 --> 00:45:29,268
said, "We gave Microsoft a copy of
GPT-3."

635
00:45:31,268 --> 00:45:34,148
Mr. Altman just gave Mr. Musk the facts.

636
00:45:35,168 --> 00:45:38,287
And what didn't Mr. Altman say in his
text?

637
00:45:39,128 --> 00:45:40,328
He didn't mention the mission.

638
00:45:41,528 --> 00:45:43,268
He didn't mention the nonprofit.

639
00:45:44,748 --> 00:45:48,148
And how does Mr. Musk conclude this
conversation?

640
00:45:49,968 --> 00:45:54,408
He says, "I don't think it's a winning
approach to be or at least appear to be

641
00:45:54,408 --> 00:45:57,828
hypocritical. At least change the name."

642
00:45:59,568 --> 00:46:02,268
Does that sound like he was reassured?

643
00:46:03,308 --> 00:46:05,048
Telling them to change the name from open.

644
00:46:07,108 --> 00:46:08,468
And there's more than that.

645
00:46:10,328 --> 00:46:13,978
Remember, Mr. Musk said that when he had
that text exchange,

646
00:46:14,618 --> 00:46:17,608
he didn't trust Mr. Altman. He hadn't
trusted him for some time.

647
00:46:18,348 --> 00:46:19,398
But despite that,

648
00:46:20,328 --> 00:46:23,888
he said, "Well, the reassurance was
enough. That was my due diligence."

649
00:46:24,948 --> 00:46:27,148
But that is not due diligence.

650
00:46:28,428 --> 00:46:32,608
Did Mr. Musk know in twenty twenty? Could
he have found out in twenty twenty?

651
00:46:33,428 --> 00:46:36,407
If the answer is yes, his claim is too
late.

652
00:46:38,008 --> 00:46:42,468
Look carefully at Mr. Altman's text for
yourself. It is exhibit one zero five, and

653
00:46:42,468 --> 00:46:46,268
decide for yourself whether you believe
Mr. Musk was truly reassured.

654
00:46:48,948 --> 00:46:54,168
But it is not just that he knew in twenty
twenty. In August twenty eighteen, Mr.

655
00:46:54,168 --> 00:46:58,828
Musk received a copy of the term sheet for
the for-profit. You've heard a lot about

656
00:46:58,828 --> 00:47:02,768
that. He admitted to receiving it. His
team analyzed it. They made

657
00:47:02,768 --> 00:47:07,628
recommendations. He discussed it with Mr.
Altman. He was invited to invest. And what

658
00:47:07,628 --> 00:47:09,788
did OpenAI say it was going to do?

659
00:47:10,568 --> 00:47:13,248
It said it was going to do a second raise,

660
00:47:13,868 --> 00:47:19,258
ten-plus billion at a fifteen x expected
target redemption.

661
00:47:20,428 --> 00:47:22,868
And what is it that OpenAI actually did?

662
00:47:24,928 --> 00:47:29,148
Microsoft's actual investment, ten-plus
billion.

663
00:47:29,768 --> 00:47:35,208
And the TRAs went from twenty to six. And
if you average that out, it's more like a

664
00:47:35,208 --> 00:47:36,328
seven TRA.

665
00:47:37,108 --> 00:47:41,928
So OpenAI did exactly what it said it
would do, exactly what it said it would do

666
00:47:41,928 --> 00:47:47,208
in twenty eighteen, even better, in fact.
And for years, Mr. Musk never said a word

667
00:47:47,208 --> 00:47:51,388
about it, but now comes to court to say
that Microsoft helped breach his

668
00:47:51,388 --> 00:47:52,308
charitable trust.

669
00:47:53,308 --> 00:47:54,308
And the only excuse you've

670
00:47:54,948 --> 00:47:59,148
heard this already is that he didn't read
the fine print on a four-page document.

671
00:47:59,788 --> 00:48:03,107
One of the most sophisticated business
people in the world didn't read the fine

672
00:48:03,108 --> 00:48:03,388
print.

673
00:48:05,008 --> 00:48:08,808
Did he know in twenty eighteen? Could he
have found out in twenty eighteen? If the

674
00:48:08,808 --> 00:48:11,168
answer is yes, his claim is too late.

675
00:48:13,728 --> 00:48:13,928
Now,

676
00:48:15,668 --> 00:48:17,228
because he knew in twenty twenty,

677
00:48:19,808 --> 00:48:22,008
and because he knew in twenty eighteen,

678
00:48:22,878 --> 00:48:24,708
and because that means his claim is too
late,

679
00:48:26,168 --> 00:48:29,988
Mr. Musk and Mr. Mullow have tried to move
the goalposts.

680
00:48:31,788 --> 00:48:35,448
They now say it is not about twenty
eighteen and the creation of the

681
00:48:35,448 --> 00:48:36,148
for-profit.

682
00:48:37,588 --> 00:48:40,868
It's not about the transfer of the
employees in the IP. It's not about the

683
00:48:40,868 --> 00:48:44,788
twenty nineteen partnership. It's not
about the one billion. It's not about the

684
00:48:44,788 --> 00:48:49,348
two billion. Instead, it's about the
twenty twenty-three investment. And

685
00:48:49,348 --> 00:48:54,256
thatConveniently is within three years of
his bringing this case.

686
00:48:57,296 --> 00:49:03,376
Do you remember when Mr. Mullow told you
in the opening that twenty

687
00:49:03,376 --> 00:49:07,916
twenty-three, uh, this was his phrase I
think, was a horse of a completely

688
00:49:07,916 --> 00:49:08,656
different color?

689
00:49:09,996 --> 00:49:11,756
I bet you had no idea what he was talking
about.

690
00:49:13,316 --> 00:49:19,056
Can you remember how many times in this
trial he has talked about and asked about

691
00:49:19,056 --> 00:49:24,796
the twenty twenty-three investment while
seemingly ignoring the fact of the twenty

692
00:49:24,796 --> 00:49:26,956
nineteen and twenty twenty-one?

693
00:49:28,476 --> 00:49:33,156
Well, now you know why he's doing this, to
try to save an untimely claim.

694
00:49:35,656 --> 00:49:37,796
So Mr. Mullow said this in the opening.

695
00:49:39,476 --> 00:49:44,196
Twenty twenty-three was a ten billion
dollar investment by Microsoft. This was a

696
00:49:44,196 --> 00:49:45,156
game changer.

697
00:49:46,376 --> 00:49:50,816
But we just looked at this. The term sheet
in twenty eighteen that Mr. Musk received

698
00:49:50,816 --> 00:49:55,496
said they needed ten-plus billion. Mr.
Musk, when he walked out the door, said

699
00:49:55,496 --> 00:49:56,676
they needed billions.

700
00:49:57,916 --> 00:50:00,236
That's what Mr. Musk said at the time.

701
00:50:01,396 --> 00:50:07,235
And the multiple of six x is even lower
than the multiple in twenty nineteen.

702
00:50:07,996 --> 00:50:12,095
But somehow we now hear that twenty
twenty-three is the breach, but twenty

703
00:50:12,096 --> 00:50:14,056
nineteen was just fine.

704
00:50:16,776 --> 00:50:21,196
Mr. Mullow also said this in his opening.
Twenty twenty-three, it was no longer open

705
00:50:21,196 --> 00:50:21,666
source.

706
00:50:22,336 --> 00:50:28,516
But that's just wrong because Mr. Musk
tweeted that it was no longer open in

707
00:50:28,516 --> 00:50:29,216
twenty twenty.

708
00:50:31,196 --> 00:50:36,896
And he also said, "Oh, well, all of the
intellectual property had moved over to

709
00:50:36,896 --> 00:50:38,836
the for-profit in twenty twenty-three."

710
00:50:40,536 --> 00:50:44,436
But again, that was in the twenty eighteen
term sheet.

711
00:50:46,176 --> 00:50:50,416
And lastly, you heard from Professor
Schizer that the twenty twenty-three had

712
00:50:50,416 --> 00:50:52,516
these twenty percent increase in caps,

713
00:50:53,256 --> 00:50:55,716
but that is just a distraction because

714
00:50:56,356 --> 00:50:57,076
as you've heard,

715
00:50:57,776 --> 00:51:02,276
no profits were ever paid under the caps,
nothing.

716
00:51:08,456 --> 00:51:12,016
There is a three-year statute of
limitations on the claim against

717
00:51:12,016 --> 00:51:16,296
Microsoft. That means Mike-- that Mr. Musk
had to sue within three years, but he

718
00:51:16,296 --> 00:51:21,676
didn't do that. What it means is if he
knew in twenty eighteen,

719
00:51:22,916 --> 00:51:27,096
and he did because he received the term
sheet, his team reviewed it, he had the

720
00:51:27,096 --> 00:51:28,316
opportunity to invest,

721
00:51:29,216 --> 00:51:32,276
he would have had to sue by twenty
twenty-one. And if he knew in twenty

722
00:51:32,276 --> 00:51:32,736
nineteen,

723
00:51:33,476 --> 00:51:36,756
and we know he did because he testified he
knew about the partnership,

724
00:51:37,596 --> 00:51:40,816
he would have had to sue by twenty
twenty-two. And if he knew in twenty

725
00:51:40,816 --> 00:51:45,696
twenty, and we most certainly know he knew
because he tweeted that OpenAI was no

726
00:51:45,696 --> 00:51:49,456
longer open, and it was captured by
Microsoft, and he meant what he said,

727
00:51:50,096 --> 00:51:52,596
he had to sue in twenty twenty-three.

728
00:51:53,896 --> 00:51:55,295
But when did he sue?

729
00:51:56,236 --> 00:51:58,276
He sued in twenty twenty-four

730
00:51:59,036 --> 00:52:05,276
only after the success of ChatGPT and
after launching xAI. He sued Microsoft as

731
00:52:05,276 --> 00:52:09,896
part of his campaign to stop OpenAI, a
competitor that was succeeding, a

732
00:52:09,896 --> 00:52:14,496
competitor he walked away from after
giving it a zero percent chance of

733
00:52:14,496 --> 00:52:15,036
success.

734
00:52:16,456 --> 00:52:22,596
And waiting as long as he has is not only
transparent, you know why he sued when he

735
00:52:22,596 --> 00:52:28,716
did, it is also very unfair to Microsoft,
which has invested resources and employee

736
00:52:28,716 --> 00:52:32,836
and time and now upward of one hundred
billion dollars.

737
00:52:39,836 --> 00:52:44,026
So you will get a chance to deliberate. We
will finish today, all of us.

738
00:52:45,356 --> 00:52:50,316
And the first question you're going to be
asked on the verdict form is whether Mr.

739
00:52:50,316 --> 00:52:55,376
Musk's claims were filed on time. And I'll
remind you, you only get to the claim

740
00:52:55,376 --> 00:52:56,476
against Microsoft

741
00:52:57,176 --> 00:53:02,156
if you first find that the claim against
OpenAI was filed, was filed on time.

742
00:53:02,956 --> 00:53:06,876
But if you get to this question, if you
reach this question on whether the aiding

743
00:53:06,876 --> 00:53:10,855
and abetting claim is barred by the
statute of limitations or not,

744
00:53:11,576 --> 00:53:14,276
we just ask you to remember one thing, the
tweet.

745
00:53:15,056 --> 00:53:16,376
Just remember the tweet,

746
00:53:17,776 --> 00:53:20,656
and we would ask you to check yes.

747
00:53:24,816 --> 00:53:25,356
And if

748
00:53:27,316 --> 00:53:33,156
you reach the merits, if you find his
claim is timely despite all the evidence,

749
00:53:34,876 --> 00:53:39,676
you recall you can only reach the claim
against Microsoft for aiding and abetting

750
00:53:39,676 --> 00:53:44,816
if you first find there was a charitable
trust and that OpenAI breached it. If you

751
00:53:44,816 --> 00:53:50,516
don't find that, then you don't even reach
the claim against Microsoft. But if you

752
00:53:50,516 --> 00:53:51,916
reach question six,

753
00:53:53,236 --> 00:54:00,036
please remember the following. Mr. Musk
has to prove that Microsoft had actual

754
00:54:00,036 --> 00:54:05,056
knowledge of the specific charitable
purpose for his donation to OpenAI.

755
00:54:05,666 --> 00:54:10,196
And remember the evidence. Microsoft was
not involved in the key events at the

756
00:54:10,196 --> 00:54:11,136
center of this case.

757
00:54:12,576 --> 00:54:17,956
No witness told Microsoft about any
conditions because they don't exist.

758
00:54:18,856 --> 00:54:24,516
Microsoft's due diligence never revealed
any conditions because they don't exist.

759
00:54:25,156 --> 00:54:30,196
And OpenAI's nonprofit board approved the
partnership, and the agreements

760
00:54:30,196 --> 00:54:35,256
represented and warranted that they would
not violate third-party rights, Musk's

761
00:54:35,256 --> 00:54:38,296
rights, donors' rights, because they don't
exist.

762
00:54:40,516 --> 00:54:45,456
And second, Mr. Musk has to prove that
Microsoft substantially assisted a breach.

763
00:54:45,456 --> 00:54:50,656
But Microsoft can't substantially assist
what it wasn't involved in,

764
00:54:51,336 --> 00:54:56,276
and the partnership has been a win-win,
creating huge benefits for OpenAI, for

765
00:54:56,276 --> 00:55:02,706
Microsoft, and the nonprofit OpenAI
FoundationAnd finally, Mr. Musk must prove

766
00:55:02,706 --> 00:55:08,206
that Microsoft was a substantial factor
in causing harm to Mr. Musk, but ask

767
00:55:08,206 --> 00:55:11,386
yourself whether there was any evidence at
all of harm to him.

768
00:55:12,486 --> 00:55:13,936
If you reach this question,

769
00:55:14,646 --> 00:55:17,186
we ask that you check no.

770
00:55:20,646 --> 00:55:24,126
Mr. Musk has not come close to meeting his
burden.

771
00:55:25,726 --> 00:55:27,006
I thank you for your time.

772
00:55:28,426 --> 00:55:31,146
I ask that you enter a verdict in favor of
Microsoft.

773
00:55:32,166 --> 00:55:33,605
We all appreciate it. Thank you.

774
00:55:37,186 --> 00:55:42,176
Okay. So now, um, plaintiff gets their
rebuttal, but I do think it's--

775
00:55:42,786 --> 00:55:45,726
just so that you're fresh, we should just
take, like, a ten-minute break,

776
00:55:46,686 --> 00:55:48,926
and then we'll come back. You'll get the
rebuttal,

777
00:55:49,586 --> 00:55:52,786
my last set of instructions, which are
just a couple pages.

778
00:55:53,726 --> 00:55:53,966
Uh,

779
00:55:54,746 --> 00:55:59,756
and then I'll, like, I'll send you back
for deliberations. I n-- I suspect at this

780
00:55:59,756 --> 00:56:04,166
point there won't be much that happens
today, but that's, that's the rest of the

781
00:56:04,166 --> 00:56:04,646
day, okay?

782
00:56:05,346 --> 00:56:06,546
So let's just stand. It's--

783
00:56:07,406 --> 00:56:11,426
We'll go get you at three o'clock. It's
two fifty-two. Just a short little break,

784
00:56:11,426 --> 00:56:11,606
okay?

785
00:56:12,326 --> 00:56:13,406
Please rise for the jury.

786
00:56:41,266 --> 00:56:44,666
All right. The record will reflect that
the jury has left. Let me just put this on

787
00:56:44,666 --> 00:56:47,166
the record very quickly, given the
objections.

788
00:56:48,186 --> 00:56:54,086
Um, the issue that was raised during the
examination to which, um, plaintiffs

789
00:56:54,086 --> 00:56:54,626
objected,

790
00:56:55,506 --> 00:57:00,126
when I dealt with that issue in the
summary judgment, I dealt on the issue of

791
00:57:00,126 --> 00:57:00,626
standing.

792
00:57:01,426 --> 00:57:04,946
That was the topic. In terms of unjust
enrichment,

793
00:57:05,626 --> 00:57:08,106
there were, uh,

794
00:57:10,526 --> 00:57:13,735
issues that were raised in that summary
judgment motion.

795
00:57:14,466 --> 00:57:16,806
One, that Musk chose to sue in tort.

796
00:57:17,686 --> 00:57:20,806
Two, that his quasi-contract claim could
not succeed.

797
00:57:21,546 --> 00:57:27,306
Three, that he failed to show that he
expected to be compensated for his

798
00:57:27,306 --> 00:57:27,966
services.

799
00:57:28,726 --> 00:57:30,826
And four, that the claim was untimely.

800
00:57:31,586 --> 00:57:34,526
That's all I dealt with. That's all that
was presented to me.

801
00:57:35,166 --> 00:57:37,426
The objection was properly sustained.

802
00:57:38,606 --> 00:57:39,866
I have a, I have a separate issue.

803
00:57:40,546 --> 00:57:44,286
Five times during Mr. Savitt's argument,
he used the term restitution.

804
00:57:45,086 --> 00:57:45,096
I

805
00:57:46,046 --> 00:57:49,586
said we are not asking you for money
because the verdict form doesn't ask for

806
00:57:49,646 --> 00:57:49,886
money.

807
00:57:50,786 --> 00:57:55,766
-He brings up restitution-
-Is the claim. I have explained this to you

808
00:57:55,766 --> 00:58:00,166
multiple times. You may wanna morph what
the law is,

809
00:58:01,086 --> 00:58:07,706
um, but I instructed the jury on the claim
of restitution under a theory of unjust

810
00:58:07,706 --> 00:58:10,466
enrichment. That's the way I understand
it.

811
00:58:11,126 --> 00:58:12,746
That's the way the law is written,

812
00:58:13,406 --> 00:58:16,666
and you can take it to the court of
appeal. But there was nothing

813
00:58:16,666 --> 00:58:17,326
inappropriate.

814
00:58:18,026 --> 00:58:22,146
The objection is, um, noted for the record
for appellate purposes.

815
00:58:22,146 --> 00:58:22,566
Thank you.

816
00:58:28,206 --> 00:58:43,346
This

817
00:58:43,346 --> 00:58:48,466
is

818
00:58:48,466 --> 00:58:51,766
relevant in determining

819
00:58:54,206 --> 00:59:01,186
whether the

820
00:59:01,186 --> 00:59:10,116
attorneys'

821
00:59:10,116 --> 00:59:15,586
fee award

822
00:59:15,586 --> 00:59:19,366
will be

823
00:59:21,866 --> 00:59:45,746
based

824
00:59:45,746 --> 00:59:50,586
on the next

825
00:59:52,386 --> 01:00:04,026
level

826
01:00:04,026 --> 01:00:05,406
of

827
01:00:06,286 --> 01:00:10,766
hearing

828
01:00:11,946 --> 01:00:16,666
instead

829
01:00:17,446 --> 01:00:20,266
of

830
01:00:21,466 --> 01:00:24,046
the appeal

831
01:00:25,786 --> 01:00:42,296
after

832
01:00:42,296 --> 01:00:44,056
that order. Do

833
01:00:45,326 --> 01:00:47,116
you think

834
01:00:48,426 --> 01:00:54,606
it's, uh, do you intend to make sure that
can escalate to the appellate?

835
01:00:54,606 --> 01:00:56,866
-Yeah, we should have a back-up plan.
-Okay.

836
01:00:56,866 --> 01:00:57,845
We should put with you.

837
01:01:00,986 --> 01:01:01,716
I think you're right

838
01:01:20,776 --> 01:01:56,116
The

839
01:01:56,116 --> 01:01:56,496
platform?

840
01:01:57,316 --> 01:02:04,316
That's it. I'm trying to remember. Ten
minutes. Um, you should be back in two.

841
01:02:04,316 --> 01:02:05,956
Yeah, I thought that.

842
01:02:05,956 --> 01:02:07,136
It's 3 PM.

843
01:02:13,116 --> 01:02:13,876
For the,

844
01:02:14,976 --> 01:02:17,356
-the reports?
-Yes, it

845
01:02:18,176 --> 01:02:19,836
would be.

846
01:02:20,556 --> 01:02:20,566
Okay.

847
01:02:21,336 --> 01:02:21,456
I'm gonna use, uh, I'm

848
01:02:21,456 --> 01:02:32,416
gonna

849
01:02:32,416 --> 01:02:37,996
-use this one.
-All

850
01:02:37,996 --> 01:02:42,295
right. All right.

851
01:03:24,336 --> 01:03:29,256
I need a job. [laughs]

852
01:03:30,536 --> 01:03:30,836
Okay.

853
01:03:32,216 --> 01:04:31,536
[in audible conversations]

854
01:05:31,676 --> 01:05:34,526
-Board are back in session.
-Okay.

855
01:05:49,656 --> 01:06:09,696
Awards,

856
01:06:10,576 --> 01:06:11,656
um, or awards.

857
01:06:13,096 --> 01:06:14,996
-Is that fact?
-I just wanted to make sure you could do

858
01:06:14,996 --> 01:06:15,776
-it.
-Okay, good.

859
01:06:18,256 --> 01:06:22,096
All right, we're back on the record. You
may be seated. The record will reflect the

860
01:06:22,096 --> 01:06:23,056
jury is back.

861
01:06:24,086 --> 01:06:24,716
Uh, go ahead.

862
01:06:25,656 --> 01:06:27,176
When you are ready, Mr. Mullen.

863
01:06:30,856 --> 01:06:36,366
-You may proceed.
-How much time do I have?

864
01:06:36,366 --> 01:06:39,556
That they only have so much more, uh, time
to

865
01:06:40,216 --> 01:06:42,755
-give you, so-
-Threw a lot at me. I mean, there was a,

866
01:06:42,756 --> 01:06:45,716
you know, there was a lot to clean up
here. Very easy to stand up there and

867
01:06:45,716 --> 01:06:49,596
throw things at the wall, but, uh, they
don't always stick, and that's what I'd

868
01:06:49,596 --> 01:06:53,316
like to just kinda take you through. Um,
it, it seemed like we were at different

869
01:06:53,316 --> 01:06:55,656
trials, uh, in hearing my colleagues,

870
01:06:56,356 --> 01:06:58,176
um, speak earlier today.

871
01:06:59,116 --> 01:07:01,856
So, um, I'm just gonna take these things,
uh, one by one

872
01:07:02,476 --> 01:07:03,856
and, uh, and, uh, um,

873
01:07:05,216 --> 01:07:08,676
have the greatest confidence in you to
have heard the evidence and paid attention

874
01:07:08,676 --> 01:07:12,596
to it, and I think you'll follow. So
first was this issue that was raised about

875
01:07:12,596 --> 01:07:19,584
Mr. MuskLacking a specific purpose in
forming charitable trust. This is a

876
01:07:19,584 --> 01:07:20,264
complete

877
01:07:20,904 --> 01:07:25,384
re, you know, revision, a complete
rethinking of what this was.

878
01:07:26,664 --> 01:07:27,504
Mr. Musk

879
01:07:28,164 --> 01:07:28,504
was

880
01:07:29,324 --> 01:07:29,544
a,

881
01:07:30,244 --> 01:07:35,204
he, he was a founder. He wasn't just
someone who was donating money. He

882
01:07:35,204 --> 01:07:40,244
conceived of this idea. So when we talk
about having a specific purpose, this is a

883
01:07:40,244 --> 01:07:44,723
first of its kind organization. Of
course, it's a specific purpose. He

884
01:07:44,724 --> 01:07:45,294
created it,

885
01:07:45,934 --> 01:07:50,784
um, personally, carefully crafted the
mission along with, uh, the other

886
01:07:50,784 --> 01:07:55,584
founders. He insisted that his financial
support was conditioned upon that. I

887
01:07:55,584 --> 01:07:57,924
showed you testimony, uh, about that.

888
01:07:58,584 --> 01:08:01,544
And as a founder, um, his contributions,

889
01:08:02,384 --> 01:08:03,744
uh, to the mission were

890
01:08:04,984 --> 01:08:06,244
more unique, more special.

891
01:08:06,944 --> 01:08:10,824
Um, the defendants claim there's no
documents to this, but you've seen all

892
01:08:10,824 --> 01:08:14,484
sorts of emails. Uh, can we just put up
quickly Plaintiff's Exhibit three?

893
01:08:18,323 --> 01:08:18,864
And, um,

894
01:08:19,484 --> 01:08:20,324
this is an email

895
01:08:21,464 --> 01:08:22,424
in which, um...

896
01:08:23,164 --> 01:08:26,864
Well, let me just pull it up so everyone
sees where he's from. It's a Sam Altman,

897
01:08:26,864 --> 01:08:27,864
Elon Musk email.

898
01:08:28,604 --> 01:08:29,344
And, you know,

899
01:08:30,324 --> 01:08:35,404
it says plainly, "Mission would be to
create the first general AI and use it for

900
01:08:35,404 --> 01:08:39,224
individual empowerment, i.e., distrib-
distrib-- " excuse me, "distributed."

901
01:08:40,024 --> 01:08:40,284
Yes.

902
01:08:41,104 --> 01:08:42,844
Yes, without, without stuttering.

903
01:08:43,684 --> 01:08:50,084
Okay. [laughs] So, "The mission would be
to create the first general AI and use it

904
01:08:50,084 --> 01:08:51,484
for individual empowerment,

905
01:08:52,244 --> 01:08:56,944
uh, the distributed version of the future
that seems safest. Technology would be

906
01:08:57,004 --> 01:09:02,384
owned by the foundation, used for the good
of the world." Plaintiff's Exhibit seven.

907
01:09:03,064 --> 01:09:03,824
Mr. Musk

908
01:09:04,524 --> 01:09:09,884
clearly conditions, uh, if we could put up
seven, please, clearly conditions his

909
01:09:09,884 --> 01:09:10,664
donations,

910
01:09:11,764 --> 01:09:11,984
um,

911
01:09:13,024 --> 01:09:13,184
on--

912
01:09:14,434 --> 01:09:18,084
In response to the question, "Can you
donate thirty million dollars over the

913
01:09:18,084 --> 01:09:19,164
next five years?"

914
01:09:20,124 --> 01:09:26,804
And he says, um, "Let's discuss
governance," right? Uh, "This is critical.

915
01:09:26,804 --> 01:09:29,804
I don't want to fund something that goes
in what turns out to be the wrong

916
01:09:29,804 --> 01:09:35,804
direction." Could not be clear this was
focused on something specific, and, uh,

917
01:09:35,804 --> 01:09:40,124
these ideas that this is some kind of a
general contribution to a general charity

918
01:09:40,124 --> 01:09:45,364
are just simply wrong. This idea of the
money being gone, okay? This was taken

919
01:09:45,364 --> 01:09:48,004
care of yesterday, although I don't know

920
01:09:48,064 --> 01:09:52,624
whether everyone in the courtroom
appreciated what happened. They called,

921
01:09:52,624 --> 01:09:53,774
um, this, uh,

922
01:09:54,444 --> 01:09:58,664
expert witness who testified about the,
um,

923
01:09:59,304 --> 01:10:02,164
about the money and the segregation of the
accounts. Remember him late in the day.

924
01:10:02,824 --> 01:10:03,644
And, um,

925
01:10:04,524 --> 01:10:09,284
this is a very, very narrow defense that
they're raising. Judge Gonzalez Rogers

926
01:10:09,284 --> 01:10:12,374
will instruct you that, um, if a-- uh,

927
01:10:13,834 --> 01:10:17,584
the, the instruction you're gonna get is,
is gonna say, "If a trust is created and

928
01:10:17,584 --> 01:10:23,344
subsequently the whole of the trust
property ceases to exist, the trust is

929
01:10:23,344 --> 01:10:28,144
terminated because the trustee or
defendant no longer holds anything in the

930
01:10:28,144 --> 01:10:28,564
trust."

931
01:10:29,304 --> 01:10:34,704
Um, so the defendants have to show that
the whole of the trust property is gone

932
01:10:34,704 --> 01:10:38,724
and that whatever Elon donated, not a
single penny of it, not a single penny of

933
01:10:38,724 --> 01:10:40,464
it, uh, remains. Now,

934
01:10:41,204 --> 01:10:43,704
um, they can't show that, and the reason
that we know that is Mr.

935
01:10:44,464 --> 01:10:44,924
Dudney,

936
01:10:45,544 --> 01:10:49,124
who was the witness I was just referring
to, the forensic, uh, accountant, he

937
01:10:49,124 --> 01:10:52,004
testified, and these were the questions
that, that he was asked and the answers he

938
01:10:52,004 --> 01:10:57,204
gave. "Mr. Dudney, you testified that
OpenAI commingled," mixed together,

939
01:10:58,234 --> 01:11:02,484
"Mr. Musk's donations with other
donations, correct?" Answer: "That's

940
01:11:02,484 --> 01:11:02,884
correct."

941
01:11:03,584 --> 01:11:08,344
Question: "And because OpenAI commingled
its donations in a single account, you

942
01:11:08,344 --> 01:11:14,844
can't actually determine with specificity
and certainty when Elon's contributions

943
01:11:14,844 --> 01:11:17,824
were spent versus the contributions from
other donors, correct?"

944
01:11:18,484 --> 01:11:23,384
Answer: "You can't specifically tie
specific dollars." So,

945
01:11:24,304 --> 01:11:27,224
[coughs] excuse me. He used this, uh,
so-called FIFO method,

946
01:11:28,364 --> 01:11:31,444
first dollars in, first dollars out. The
money is still mixed together.

947
01:11:32,064 --> 01:11:34,044
And, um, even if

948
01:11:34,784 --> 01:11:38,504
OpenAI did spend all of Elon's money, it
used that money to purchase other

949
01:11:38,504 --> 01:11:39,964
valuable, um, assets.

950
01:11:40,684 --> 01:11:45,783
So, uh, and Mr. Dudley admitted that. He
said there was a question, "OpenAI spent

951
01:11:45,784 --> 01:11:50,104
those funds on salaries for engineers and
employees." Answer: "Yes." Question: "And

952
01:11:50,104 --> 01:11:51,474
it also spent those funds

953
01:11:52,124 --> 01:11:58,204
on the compute that it used to develop its
AI software, right?" Answer: "Correct."

954
01:11:58,204 --> 01:11:58,364
So,

955
01:11:59,744 --> 01:12:00,564
so much for that

956
01:12:01,664 --> 01:12:02,004
claim.

957
01:12:03,004 --> 01:12:03,204
Um,

958
01:12:04,984 --> 01:12:08,744
this one's

959
01:12:09,624 --> 01:12:13,224
one of my favorites 'cause it's kinda two,
two for one here, so maybe it'll help us

960
01:12:13,224 --> 01:12:14,104
get out of here quicker.

961
01:12:14,784 --> 01:12:14,964
Um,

962
01:12:17,744 --> 01:12:20,884
all this talk about the term sheet, all
right? The term sheet. First of all,

963
01:12:21,644 --> 01:12:21,904
um,

964
01:12:23,684 --> 01:12:28,384
to hear these folks say, "Oh, it's a
four-page term sheet. He can't read the

965
01:12:28,384 --> 01:12:29,864
fine print." I mean,

966
01:12:31,324 --> 01:12:37,084
what a crazy argument. The, the, the truth
is, you heard two witnesses testify.

967
01:12:38,164 --> 01:12:42,544
One of them was Sam Altman, so believe it
or not, and then Sam Teller, who was, uh,

968
01:12:42,544 --> 01:12:45,244
the fellow that was a senior advisor to
Mr. Musk, who testified on video.

969
01:12:46,004 --> 01:12:52,184
They both testified that Mr. Musk wasn't
interested in private, um, for-profit

970
01:12:52,184 --> 01:12:56,404
investments if he couldn't control the
investment. They both testified to that.

971
01:12:56,404 --> 01:13:01,524
So the fact that Altman would be saying
now, "Aha, Musk didn't read this term

972
01:13:01,524 --> 01:13:01,614
sheet,"

973
01:13:02,564 --> 01:13:06,664
I, I mean, look, Elon Musk has one or two
things going on in his life, right? So to

974
01:13:06,664 --> 01:13:11,384
sit and comb through a term sheet, even if
it's four pages, if it's one page, and he

975
01:13:11,384 --> 01:13:15,744
has no interest in investing in it, I
mean, that's just a, a very, very silly

976
01:13:15,744 --> 01:13:20,260
argument to make. The fact that he would
look at that box because-They say, look at

977
01:13:20,260 --> 01:13:25,479
the box, and because it's highlighted in
purple, that does make sense. But in any

978
01:13:25,480 --> 01:13:30,320
event, um, I want to review with you, uh,
some testimony that Mr.

979
01:13:30,960 --> 01:13:32,480
Altman gave. Um,

980
01:13:33,140 --> 01:13:33,940
he was asked

981
01:13:35,559 --> 01:13:35,920
about,

982
01:13:36,800 --> 01:13:37,360
um--

983
01:13:39,220 --> 01:13:39,980
Here. Okay.

984
01:13:40,780 --> 01:13:43,660
Uh, in the term sheet that you say that
you reviewed with him,

985
01:13:44,560 --> 01:13:48,920
that didn't state who would invest the ten
billion dollars

986
01:13:50,040 --> 01:13:50,720
in the round,

987
01:13:52,259 --> 01:13:53,460
in the round two raise.

988
01:13:54,340 --> 01:13:54,740
Answer:

989
01:13:55,540 --> 01:13:58,100
In the twenty eighteen version of it,

990
01:13:58,880 --> 01:14:02,940
that was before we had really entered into
serious conversations with Microsoft.

991
01:14:03,680 --> 01:14:04,340
So at that time,

992
01:14:05,060 --> 01:14:09,640
there wasn't... You know, we talked about
needing that amount of capital, but it

993
01:14:09,640 --> 01:14:11,340
wasn't until twenty nineteen

994
01:14:12,020 --> 01:14:15,580
that it became clear that Microsoft was
seriously willing to go,

995
01:14:16,200 --> 01:14:20,200
uh, to do it at the level we, we would
need. And then there's ano-another

996
01:14:20,200 --> 01:14:20,780
question. And

997
01:14:21,780 --> 01:14:22,620
the term sheet

998
01:14:23,320 --> 01:14:26,460
didn't explain any of the IP rights

999
01:14:27,120 --> 01:14:28,600
that OpenAI would give away

1000
01:14:29,240 --> 01:14:35,320
to a ten billion dollar investor, did it?
Answer: I don't think at the time of the

1001
01:14:35,320 --> 01:14:39,840
twenty eighteen term sheet, we had
contemplated the IP structure.

1002
01:14:40,480 --> 01:14:40,940
Question:

1003
01:14:41,640 --> 01:14:47,600
And the twenty eighteen term sheet did not
mention a twenty percent annual increase

1004
01:14:47,600 --> 01:14:52,000
in the target redemption amounts. Is that
right? Answer: No,

1005
01:14:52,620 --> 01:14:58,500
that didn't come up until much later as we
understood more how the shape of the AI

1006
01:14:58,500 --> 01:15:04,320
rollout was going to go, and that it was
not going to be this one-time thing we had

1007
01:15:04,320 --> 01:15:09,600
imagined, but we would need to continue
to exist for a long time. Question:

1008
01:15:10,300 --> 01:15:15,780
The twenty percent increase, annual
increase in the target redemption amounts

1009
01:15:15,780 --> 01:15:20,880
didn't come about until twenty
twenty-three, right? Answer: Correct.

1010
01:15:21,600 --> 01:15:21,840
And

1011
01:15:22,640 --> 01:15:28,699
the term sheet doesn't mention that one
day the profit caps will be removed

1012
01:15:28,699 --> 01:15:32,420
together, does it? Answer: No. That came
about

1013
01:15:33,560 --> 01:15:39,080
out of our much later, further, deeper
understanding of how AI was going to be

1014
01:15:39,080 --> 01:15:44,260
developed and what companies would need to
do over a very long period of time. So

1015
01:15:44,260 --> 01:15:48,989
when Mr. Cohen gets up and says, "Mr. Mohl
said in his opening statement that twenty

1016
01:15:48,989 --> 01:15:51,660
twenty-three was a horse of a different
color,"

1017
01:15:52,500 --> 01:15:52,650
um,

1018
01:15:53,440 --> 01:15:57,840
he was absolutely right. That is what I
said because that is what it was. The

1019
01:15:57,840 --> 01:16:02,540
terms in twenty twenty-three are quite
different. You have the larger investment.

1020
01:16:02,540 --> 01:16:08,900
You have this twenty percent kicker,
which Nadella said in four years could end

1021
01:16:08,900 --> 01:16:09,500
up doubling.

1022
01:16:10,100 --> 01:16:13,160
We have the, that kicker and the, um,

1023
01:16:13,760 --> 01:16:20,480
the increased TRAs decreasing the amount
of the residual that's there. And then we

1024
01:16:20,480 --> 01:16:27,100
have the very broad IP rights in twenty
twenty-three that are granted. Now, this

1025
01:16:27,100 --> 01:16:31,020
is another two-for-one for you because
those IP rights,

1026
01:16:31,660 --> 01:16:36,549
um, if we could put up, um-- Do we have
the email from Mr., um, Nadella?

1027
01:16:44,300 --> 01:16:46,720
Uh, two fifty-nine. Exhibit two
fifty-nine, please.

1028
01:16:49,220 --> 01:16:51,580
You'll see that as a precursor--

1029
01:16:52,820 --> 01:16:57,480
So this is an email dated April
twenty-eighth of twenty twenty-two. You

1030
01:16:57,480 --> 01:17:01,620
might remember I spent a fair amount of
time with the, with Mr. Nadella asking him

1031
01:17:01,620 --> 01:17:02,200
about this.

1032
01:17:02,880 --> 01:17:04,880
And, um, can we scroll down? Okay.

1033
01:17:05,880 --> 01:17:06,020
So

1034
01:17:07,560 --> 01:17:08,370
this is where--

1035
01:17:09,160 --> 01:17:15,740
Remember I asked him, "In return, we want
full IP rights and also need to embed our

1036
01:17:15,740 --> 01:17:17,080
folks across every layer

1037
01:17:18,040 --> 01:17:20,780
of the stack so we can be self-sufficient
if,

1038
01:17:21,800 --> 01:17:25,020
if need came. Self-sufficient if need
came." So,

1039
01:17:25,640 --> 01:17:30,440
I mean, this shows you that prior to the
twenty twenty-three deal, Microsoft did

1040
01:17:30,440 --> 01:17:34,780
not have the IP rights that they got in
the twenty twenty-three deal.

1041
01:17:35,560 --> 01:17:36,320
And, um,

1042
01:17:37,440 --> 01:17:38,300
it, you could,

1043
01:17:39,519 --> 01:17:44,160
you could accept Mr. Altman's testimony or
not. You heard what I had to say earlier.

1044
01:17:44,160 --> 01:17:49,520
But, uh, on cross-examination, um, he
himself acknowledged that the deals were

1045
01:17:49,520 --> 01:17:54,780
different. Another interesting thing that,
uh, that, that occurs in connection with,

1046
01:17:54,780 --> 01:17:54,940
uh,

1047
01:17:55,640 --> 01:18:01,159
with the term sheet, um, Mr. Altman
testified that he never told, uh, Elon

1048
01:18:01,160 --> 01:18:05,140
about the twenty twenty-three investment
for the ten billion dollars. Why didn't he

1049
01:18:05,140 --> 01:18:07,420
tell Elon, he said? Because, um,

1050
01:18:08,360 --> 01:18:09,600
the deal, he said,

1051
01:18:11,600 --> 01:18:14,860
before it closed-- Because he didn't tell
him about it before it closed because we

1052
01:18:14,860 --> 01:18:19,200
were aware he was working to start a
competitor, and so it would have been,

1053
01:18:19,880 --> 01:18:20,620
uh, inappropriate.

1054
01:18:21,300 --> 01:18:24,340
Now, um, Mr. Altman,

1055
01:18:28,560 --> 01:18:30,180
Mr. Altman, um,

1056
01:18:31,000 --> 01:18:35,980
told you that he knew that Elon was
starting a competitor before the Microsoft

1057
01:18:35,980 --> 01:18:36,940
deal, right? That's what

1058
01:18:37,540 --> 01:18:44,020
he, he said. Um, the Microsoft deal closed
on January twenty-third of twenty

1059
01:18:44,020 --> 01:18:44,680
twenty-three.

1060
01:18:45,360 --> 01:18:48,080
But, um, you know that Siobhan Zillis

1061
01:18:48,860 --> 01:18:51,200
testified, um, that

1062
01:18:52,460 --> 01:18:56,380
Sam Altman first discovered Elon was
starting the AI company.

1063
01:18:57,100 --> 01:19:00,320
Um, she testified that-- I think we have a
slide for this actually.

1064
01:19:01,300 --> 01:19:03,080
She test- she testified that around

1065
01:19:03,880 --> 01:19:07,880
February twenty-first of twenty
twenty-three, Altman called her to ask if

1066
01:19:07,880 --> 01:19:12,220
she knew anything about Elon working on a
competitive effort. That was one month

1067
01:19:12,220 --> 01:19:18,840
after the Microsoft deal closed. So, um,
and you heard Ms. Zillis testify that four

1068
01:19:18,840 --> 01:19:23,380
days later, Altman confirmed that Elon
was starting an AI company, and it was

1069
01:19:23,380 --> 01:19:29,000
time for Siobhan to step down from the
board. So, um-All of his business with the

1070
01:19:29,000 --> 01:19:31,320
term sheet and when the deal was going to
close and such

1071
01:19:31,920 --> 01:19:36,740
is, uh, is frankly, you assign the name to
it. Is it nonsense? Is it smoke and

1072
01:19:36,740 --> 01:19:40,420
mirrors? Is it subterfuge? But I can tell
you one thing it's not, and that's the

1073
01:19:40,420 --> 01:19:40,720
truth.

1074
01:19:41,520 --> 01:19:47,280
Um, so a few other things that are there
that, that they've raised. Um,

1075
01:19:48,780 --> 01:19:49,820
oh, Mr., um,

1076
01:19:50,680 --> 01:19:51,500
Mr. Savitt

1077
01:19:53,020 --> 01:19:53,580
said that

1078
01:19:55,020 --> 01:19:56,560
when you think something's wrong,

1079
01:19:57,360 --> 01:19:59,140
you stop it, you take action,

1080
01:19:59,980 --> 01:20:04,100
and, um, Mr. Musk, you know, didn't do
that.

1081
01:20:05,100 --> 01:20:06,200
He waited too long.

1082
01:20:06,800 --> 01:20:07,980
Well, the evidence

1083
01:20:08,580 --> 01:20:11,700
that was very clearly adduced, uh, during
the course of the trial,

1084
01:20:12,580 --> 01:20:19,380
both from Mr. Musk and from Mr. Altman,
was that in-- on October 22nd of

1085
01:20:19,380 --> 01:20:21,440
2022, it's the exact date, I can give it
to you,

1086
01:20:23,220 --> 01:20:26,500
Elon gets this news article, industry
article,

1087
01:20:27,140 --> 01:20:29,620
that says that this Microsoft deal is
gonna happen.

1088
01:20:30,400 --> 01:20:34,980
And this is when he texts Sam Altman and
says to him,

1089
01:20:35,660 --> 01:20:38,720
you know, this is the, this is the
article. It describes the deal. It's not

1090
01:20:38,720 --> 01:20:42,280
closed yet. This is October. It's a
January deal, as I mentioned, January

1091
01:20:42,280 --> 01:20:47,940
2023. But he texts him, and this is where
he says to him, "Hey, what is going on?

1092
01:20:47,940 --> 01:20:49,080
This is a bait and switch."

1093
01:20:50,020 --> 01:20:50,720
And, um,

1094
01:20:52,540 --> 01:20:55,420
and we talked about this a little bit this
morning, and maybe it did or didn't

1095
01:20:55,420 --> 01:20:59,330
register, or it certainly didn't register
with my, my friends, uh, on the other side

1096
01:20:59,330 --> 01:21:03,150
of the room. He says, "It's a bait and
switch." He's angry. He's upset

1097
01:21:03,800 --> 01:21:07,540
because what's going on here? This is, you
know, I provided this funding. This was

1098
01:21:07,540 --> 01:21:08,740
supposed to be a nonprofit.

1099
01:21:09,350 --> 01:21:14,000
This is not an email or a text from
somebody who knew what was going on.

1100
01:21:14,620 --> 01:21:19,140
This is a text from someone who's saying,
"I just discovered this. I just found out

1101
01:21:19,140 --> 01:21:19,500
about it."

1102
01:21:20,820 --> 01:21:23,040
And what else does this text chain reveal?

1103
01:21:23,820 --> 01:21:24,730
It reveals that,

1104
01:21:25,360 --> 01:21:25,540
um...

1105
01:21:26,160 --> 01:21:31,490
What is Altman's response? Altman's
response isn't, "Hey, Elon, you knew about

1106
01:21:31,490 --> 01:21:38,160
this. Hey, Elon, this is the same deal
that was in, um, our, uh, in, in the term

1107
01:21:38,160 --> 01:21:42,600
sheet that you reviewed years ago. Hey,
Elon, you have no right to be complaining

1108
01:21:42,600 --> 01:21:48,440
about this." None of that, none of that is
in Altman's text. Instead, he says, "I

1109
01:21:48,440 --> 01:21:49,960
agree this feels bad.

1110
01:21:50,840 --> 01:21:56,090
I agree this feels bad. We offered you
equity when we established the cap profit,

1111
01:21:56,740 --> 01:21:58,840
which you didn't want at the time,

1112
01:21:59,500 --> 01:22:02,800
but we are still happy." And I-- which I--
this morning I mentioned that Elon

1113
01:22:02,800 --> 01:22:05,800
considered this a bribe. You can
characterize it however you want to

1114
01:22:05,800 --> 01:22:12,440
characterize it. But what is clear is that
this is just what Mr. Savitt said should

1115
01:22:12,440 --> 01:22:16,740
have happened. You think something is
wrong, you stop it, you take action. He

1116
01:22:16,740 --> 01:22:18,290
filed the lawsuit w-

1117
01:22:19,370 --> 01:22:23,620
um, I guess it was within a year certainly
of that, so it's well within the statute

1118
01:22:23,620 --> 01:22:29,920
of limitations. So it's not a question of,
um, us trying to resurrect

1119
01:22:29,920 --> 01:22:36,020
a late-brought claim. In fact, it's just
the opposite. It's a claim for conduct

1120
01:22:36,020 --> 01:22:37,060
that is outrageous,

1121
01:22:37,780 --> 01:22:43,200
and we brought it in a timely fashion.
They're mischaracterizing it as something

1122
01:22:43,200 --> 01:22:47,540
that we had knowledge of at an earlier
date. And they raised this latches point,

1123
01:22:47,540 --> 01:22:48,320
too. The latches

1124
01:22:48,940 --> 01:22:53,340
point, I think Mr. Savitt referred to it
something along the lines of some kind of

1125
01:22:53,340 --> 01:22:56,880
an old-fashioned defense or something like
that. It's-- it, it, it, it doesn't

1126
01:22:56,880 --> 01:23:01,440
apply. It's effectively like the statute
of limitations, but it applies in what are

1127
01:23:01,440 --> 01:23:04,700
called equitable claims, which is not--
it's not even worth going into. It's just

1128
01:23:04,700 --> 01:23:06,940
there is no delay in bringing the claim.

1129
01:23:07,620 --> 01:23:11,520
And again, the twenty twenty-three deal
was different.

1130
01:23:12,240 --> 01:23:12,440
Um,

1131
01:23:14,520 --> 01:23:15,080
you had,

1132
01:23:16,140 --> 01:23:20,360
uh, the ten billion dollar investment
rather than one or two billion dollars.

1133
01:23:20,360 --> 01:23:25,840
You had, um, the constraints that were
earlier there. The profit caps are gone.

1134
01:23:25,840 --> 01:23:31,140
The IP rights are bigger. Under the terms
of the twenty twenty-three deal, OpenAI

1135
01:23:31,140 --> 01:23:35,200
would need to earn roughly two hundred and
seventy-five billion dollars in profit

1136
01:23:35,200 --> 01:23:39,400
for the nonprofit to receive any excess
profits, those residuals that we talked

1137
01:23:39,400 --> 01:23:44,120
about. And again, that twenty percent
kicker that comes along, in addition to

1138
01:23:44,120 --> 01:23:48,380
any increase for inflation, uh, two years
into the deal. So,

1139
01:23:49,060 --> 01:23:49,219
um,

1140
01:23:49,880 --> 01:23:54,500
it is a horse of a different color, and
that's when, uh-- th- that is why we base

1141
01:23:54,500 --> 01:23:58,109
the claim on it. It's a timely claim. Mr.
Savitt said that,

1142
01:23:58,870 --> 01:24:02,880
um, he was talking fast, so you may not
have caught it, but he mentioned my name,

1143
01:24:02,880 --> 01:24:08,640
so I caught it. And he said that, um, that
I've said at some point today that the,

1144
01:24:08,700 --> 01:24:10,040
uh, breach occurred in twenty twenty.

1145
01:24:10,660 --> 01:24:10,670
Um,

1146
01:24:12,460 --> 01:24:15,760
I, I don't think I said that. If I did say
it, I didn't mean to say it throughout

1147
01:24:15,760 --> 01:24:20,180
this trial. We just heard Mr. Cohen quote
me as saying in the opening statement that

1148
01:24:20,180 --> 01:24:24,280
I said it was in twenty twenty-three. It
was in twenty twenty-three. We've sued in

1149
01:24:24,280 --> 01:24:27,560
twenty twenty-three. And there's, of
course, the other conduct that occurs in

1150
01:24:27,560 --> 01:24:29,980
twenty twenty-three that we mentioned. Um,

1151
01:24:30,700 --> 01:24:34,100
the argument on unclean hands, another,

1152
01:24:34,720 --> 01:24:34,880
uh,

1153
01:24:36,520 --> 01:24:41,220
old-fashioned defense as, as, as Mr., uh,
Savitt called latches.

1154
01:24:41,840 --> 01:24:48,830
Um, the basic argument here is that, um,
Mr. Musk engaged in conduct that

1155
01:24:48,830 --> 01:24:49,560
was somehow,

1156
01:24:50,260 --> 01:24:55,220
um, unconscionable, all right? But there's
a few requirements to this claim. First,

1157
01:24:55,220 --> 01:24:59,940
it's gotta be unconscionable. Second, that
the conduct is directly related to the

1158
01:24:59,940 --> 01:25:05,180
claims that we're bringing, okay? It can't
just be some other, um, an- another

1159
01:25:05,180 --> 01:25:11,000
claim. And third, that M- Mr. Musk's
conduct resulted in such prejudice to the

1160
01:25:11,000 --> 01:25:17,240
defendants that it would be unfair to hold
them liable for Mr. Musk's claims. So

1161
01:25:17,240 --> 01:25:22,560
what's the conduct that they, that they
base this on? It's first, the, uh, they

1162
01:25:22,560 --> 01:25:28,860
complain about Mr. Musk hi- hiring, uh,
Andrej Karpathy away from OpenAI to work

1163
01:25:28,860 --> 01:25:33,300
at Tesla.Now, the conduct wasn't
un-unconscionable. We heard from Elon, who

1164
01:25:33,300 --> 01:25:38,579
told you that Karpathy was going to leave
OpenAI. Um, question: Did you consider

1165
01:25:38,580 --> 01:25:42,460
that there was anything wrong to hire him?
No. He said he was going to be leaving

1166
01:25:42,460 --> 01:25:47,680
OpenAI anyway, so I thought, "Well, you
should join Tesla." Ilya Sutskever's

1167
01:25:47,680 --> 01:25:51,780
testimony was consistent with that. He
told you he wasn't even that bothered when

1168
01:25:51,780 --> 01:25:56,260
Karpathy left. And, you know, the
defendants could have called Karpathy as a

1169
01:25:56,260 --> 01:25:59,520
witness if they wanted to. They could
have issued a subpoena, and if he wasn't

1170
01:25:59,520 --> 01:26:03,060
here close enough to the court, they could
have taken his deposition, just like we

1171
01:26:03,060 --> 01:26:05,860
did with the witnesses that couldn't be
here. They didn't do it, and there's a

1172
01:26:05,860 --> 01:26:11,040
reason they didn't do it, because this
claim is, uh, and th-this whole idea of,

1173
01:26:11,040 --> 01:26:11,220
um,

1174
01:26:11,860 --> 01:26:13,600
of unclean hands is, is just bogus.

1175
01:26:14,280 --> 01:26:17,880
Um, there's no relationship to the hiring
in our claim,

1176
01:26:18,640 --> 01:26:18,920
and

1177
01:26:19,720 --> 01:26:23,680
it has nothing to do with whether there
was a breach of the charitable trust. Um,

1178
01:26:23,680 --> 01:26:29,460
they, they then argue that they complain
about a letter that Elon had co-signed

1179
01:26:29,460 --> 01:26:33,740
calling for a pause in the advance of AI
development,

1180
01:26:34,360 --> 01:26:40,120
uh, in March of twenty twenty-three before
he launched the, um, the, uh, xAI

1181
01:26:40,120 --> 01:26:40,500
venture.

1182
01:26:42,400 --> 01:26:42,550
That,

1183
01:26:43,560 --> 01:26:49,020
again, i-is consistent with his sincere
belief in the dangers of AI.

1184
01:26:49,680 --> 01:26:53,539
Um, his testimony was, question: When you
signed that letter in March twenty

1185
01:26:53,540 --> 01:26:57,300
twenty-three, you didn't disclose that you
had just incorporated your own AI

1186
01:26:57,300 --> 01:26:57,760
company?

1187
01:26:58,380 --> 01:27:00,580
And, um, and he answers, "No."

1188
01:27:01,620 --> 01:27:05,960
There was, like, an open letter signed by
five hundred people saying that, "Hey,

1189
01:27:05,960 --> 01:27:06,940
perhaps we should go,

1190
01:27:07,660 --> 01:27:11,600
uh, slower with AI in the interest of
public safety." So that's not there. And

1191
01:27:11,600 --> 01:27:17,130
then the third thing they raise is this
idea that xAI and other investors

1192
01:27:17,130 --> 01:27:19,520
submitted a bid to purchase OpenAI,

1193
01:27:20,260 --> 01:27:21,980
and, um, if you,

1194
01:27:23,280 --> 01:27:25,440
if you were confused by that testimony,
um,

1195
01:27:26,520 --> 01:27:30,220
you were in what I would consider good
company because I was too. I thought that

1196
01:27:30,220 --> 01:27:32,890
I, I wasn't sure what they were trying to
do with that. Uh,

1197
01:27:33,540 --> 01:27:34,710
the bid was rejected,

1198
01:27:35,340 --> 01:27:40,330
and there, there's no claim. So, so this
whole unclean hands, uh, thing is just

1199
01:27:40,330 --> 01:27:44,620
nonsense. It's their burden, not ours, to
disprove it. It's their burden to prove

1200
01:27:44,620 --> 01:27:47,730
it. And, you know, I have to say, it's
really kind of bothering me because

1201
01:27:49,540 --> 01:27:56,300
we're here on a very, very serious charge,
very serious allegation that

1202
01:27:56,300 --> 01:28:02,200
these people stole a charity, enriched
themselves. And to hear them talk, "Oh,

1203
01:28:02,200 --> 01:28:02,420
you know,

1204
01:28:03,040 --> 01:28:07,600
everything is great, and, you know, we've
done all of these things," where did this

1205
01:28:07,600 --> 01:28:08,040
start?

1206
01:28:09,000 --> 01:28:11,520
You don't get to, you don't get to start a
charity

1207
01:28:12,140 --> 01:28:16,900
and get people's money and go along and
then all of a sudden decide, "Hey, you

1208
01:28:16,900 --> 01:28:19,920
know what? I don't like this. I want to
turn it into a for-profit, and maybe I'll

1209
01:28:19,920 --> 01:28:22,380
give the charity some money." That's not
the way this works.

1210
01:28:23,140 --> 01:28:27,240
There was a, a breach of the charitable
trust here. And to make arguments like

1211
01:28:27,240 --> 01:28:30,150
things like Karpathy and make things like
him writing the letter,

1212
01:28:30,760 --> 01:28:36,360
or frankly, the cross-examination that you
saw of, of Professor Schizer, where they

1213
01:28:36,360 --> 01:28:38,130
were asking him about, um,

1214
01:28:38,940 --> 01:28:44,540
to compare two different computers, and
they were asking him to, um, how many

1215
01:28:45,640 --> 01:28:49,480
AI cases were before the Supreme Court of
the United States when he clerked there in

1216
01:28:49,480 --> 01:28:54,620
the early nineteen nineties. I mean,
it's, it's a big, um, take this shiny

1217
01:28:54,620 --> 01:28:58,950
thing and wave it over there so that
you're not focused on the central issues.

1218
01:28:58,950 --> 01:28:59,610
And by the way,

1219
01:29:00,220 --> 01:29:03,960
uh, Mr. Cohn mentioned those questions
that I gave you at the end. And when I did

1220
01:29:03,960 --> 01:29:06,780
give you-- at the end of my opening
statement. When I did give you those

1221
01:29:06,780 --> 01:29:11,080
questions, I was very clear that, that,
that the judge would instruct you on the

1222
01:29:11,080 --> 01:29:15,320
law, and I said, "Those are questions that
you may look at during the course of the

1223
01:29:15,320 --> 01:29:20,500
trial that may help you as you consider
the evidence." There was no attempt to say

1224
01:29:20,500 --> 01:29:24,680
that that was the law. In fact, I was
quite clear that that was not the case.

1225
01:29:24,680 --> 01:29:24,690
Um,

1226
01:29:25,420 --> 01:29:29,100
we have the question about Mr. Musk's, um,
tweet

1227
01:29:29,800 --> 01:29:32,040
in, um, which is exhibit, uh,

1228
01:29:33,220 --> 01:29:34,100
two ninety-one.

1229
01:29:35,260 --> 01:29:36,560
It's a twenty twenty tweet,

1230
01:29:37,860 --> 01:29:41,260
and they claim that this somehow shows
that he was aware and, and that he should

1231
01:29:41,260 --> 01:29:44,260
have brought the claim back then. I think
we're, we're done with that, but I just

1232
01:29:44,260 --> 01:29:45,960
want to put this issue to rest.

1233
01:29:46,570 --> 01:29:49,159
Uh, so this is the tweet that they're
referring to. They said this somehow

1234
01:29:49,159 --> 01:29:54,120
indicates that Mr. Musk's aware that
Microsoft has these extraordinary rights,

1235
01:29:54,120 --> 01:29:57,760
which it clearly couldn't have happened.
But, but what happens next?

1236
01:29:58,900 --> 01:30:03,160
Within a week, he gets a text from Mr.
Altman, which is, um,

1237
01:30:05,080 --> 01:30:06,460
uh, exhibit one oh five.

1238
01:30:07,360 --> 01:30:07,820
And in it,

1239
01:30:08,660 --> 01:30:13,220
um, I won't go through all the detail of
it, but he basically attempts to assure

1240
01:30:13,220 --> 01:30:18,240
him that there's no problem here, and he
is not completely, uh, fulsome and candid

1241
01:30:18,240 --> 01:30:20,280
in his description of what the situation
is.

1242
01:30:20,980 --> 01:30:23,280
So, um, this tweet is, is all,

1243
01:30:24,040 --> 01:30:25,340
uh, nonsense as well.

1244
01:30:25,960 --> 01:30:30,090
So, I mean, and then the last thing I want
to raise is this stuff about this,

1245
01:30:30,820 --> 01:30:31,000
this

1246
01:30:31,840 --> 01:30:32,240
current

1247
01:30:34,340 --> 01:30:39,700
nonprofit foundation and how they're
touting this as the greatest thing ever.

1248
01:30:40,800 --> 01:30:41,000
Um,

1249
01:30:41,800 --> 01:30:43,880
the testimony was clear,

1250
01:30:44,620 --> 01:30:47,140
and this seems to get ig-ignored, that

1251
01:30:48,480 --> 01:30:53,000
as of the fall, they had no employees.
They were doing no work. They raised no

1252
01:30:53,000 --> 01:30:53,320
money.

1253
01:30:54,040 --> 01:30:57,600
And yes, they did get an interest in the
for-profit,

1254
01:30:58,240 --> 01:30:58,410
but

1255
01:30:59,440 --> 01:31:03,140
that was something that they could have
somehow financed. I mean, I asked Mr.

1256
01:31:03,140 --> 01:31:07,800
Altman that, and he conceded as much. So
it's, it, it, you know, the fact that it

1257
01:31:07,800 --> 01:31:11,460
happened, that they hire a couple of
employees and announce that they're now

1258
01:31:11,460 --> 01:31:14,620
doing things, making grants, not things
that are consistent with the mission, by

1259
01:31:14,620 --> 01:31:20,040
the way, which is to develop safe AI on a,
um, on an open source basis with no

1260
01:31:20,040 --> 01:31:23,500
person profiting. You know, the things
they're doing are grant-making type

1261
01:31:23,500 --> 01:31:28,040
things. The fact that they're doing that
is, a-a-and they do it, they start doing

1262
01:31:28,040 --> 01:31:32,900
it six weeks before this trial, I mean,
you can draw your own conclusions about,

1263
01:31:32,900 --> 01:31:35,900
you know, the sincerity of that and what
they're really trying to do.

1264
01:31:36,580 --> 01:31:36,800
So,

1265
01:31:37,460 --> 01:31:41,588
um-I don't know that I've covered
everything. I've tried to. Maybe there's

1266
01:31:41,588 --> 01:31:42,948
one or two more things.

1267
01:31:44,848 --> 01:31:45,628
Uh, oh, yeah.

1268
01:31:47,148 --> 01:31:47,728
There were so many,

1269
01:31:49,168 --> 01:31:54,547
so many arrows that, uh, on the experts,
uh, they, they talked about-- They had

1270
01:31:54,548 --> 01:31:57,088
Professor Hemel and, um,

1271
01:31:58,148 --> 01:31:58,808
and the,

1272
01:32:01,188 --> 01:32:06,088
and the Wachtell guy, Professor Coates,
who used to work at Wachtell, and Wachtell

1273
01:32:06,088 --> 01:32:07,408
uses all the time on their cases.

1274
01:32:08,048 --> 01:32:08,248
Um,

1275
01:32:08,988 --> 01:32:10,857
they both testified to things that,

1276
01:32:11,488 --> 01:32:16,408
uh, were critical of Professor Schizer,
but they didn't do their own independent

1277
01:32:16,408 --> 01:32:19,168
analysis. And frankly, especially
Professor Hemel,

1278
01:32:19,998 --> 01:32:24,808
um, he agreed with professors, Professor
Schizer, uh, again. And a lot of this is

1279
01:32:24,808 --> 01:32:29,308
again, is trying to confuse something that
we are in agreement with. There can be a

1280
01:32:29,308 --> 01:32:34,908
for-profit. It just has to be subservient
to the nonprofit. And, um,

1281
01:32:35,808 --> 01:32:40,128
I don't think their testimony really did
anything, anything that disputed that or

1282
01:32:40,128 --> 01:32:45,388
really did anything to, uh, contradict
anything that was said by Professor

1283
01:32:45,388 --> 01:32:49,548
Schizer. The question that Coates had
raised about the, uh, pie chart,

1284
01:32:50,348 --> 01:32:53,728
Professor Schizer was very
straightforward, talked about how this is

1285
01:32:53,728 --> 01:32:56,818
an example of how this would work. So,
um...

1286
01:33:02,648 --> 01:33:09,568
Ah, Mr. Savitt told you that the, um,
firing of Sam Altman wasn't about safety.

1287
01:33:09,568 --> 01:33:09,848
All right?

1288
01:33:10,808 --> 01:33:13,168
And, uh, when you, um,

1289
01:33:14,968 --> 01:33:18,838
when you see the testimony of Helen Toner,

1290
01:33:19,788 --> 01:33:22,918
uh, which, you know, she testified by
video,

1291
01:33:23,788 --> 01:33:25,048
she said that, um...

1292
01:33:26,008 --> 01:33:26,708
Where is it? Okay.

1293
01:33:29,688 --> 01:33:34,148
"The decision is not about product safety
or secur-security."

1294
01:33:35,208 --> 01:33:40,168
Do you see that? Answer, yes. Question, is
that an accurate statement? Answer, this

1295
01:33:40,168 --> 01:33:43,828
was a complicated issue to communicate
about, but I believe the phrasing is more

1296
01:33:43,828 --> 01:33:47,908
accurate. Um, and she goes on, but she
said, um, "And its board--

1297
01:33:48,808 --> 01:33:53,678
And the reason that trust, accountability,
and oversight mattered for OpenAI and for

1298
01:33:53,678 --> 01:33:59,408
its board were because of potentially
severe risks and safety issues that its

1299
01:33:59,408 --> 01:34:06,048
technologies could pose now or in the
future, as well as the board obligation

1300
01:34:06,048 --> 01:34:11,228
to ensuring that AI benefits to humanity,
not just harm them." So,

1301
01:34:11,908 --> 01:34:15,868
uh, we don't have to go through any more
of that. That statement that it wasn't

1302
01:34:15,868 --> 01:34:19,508
about, the firing wasn't about safety
issues. It was safety, but, but it was

1303
01:34:19,508 --> 01:34:22,988
candor, and it was candor about safety,
right? I mean, that's what they were

1304
01:34:22,988 --> 01:34:23,268
saying.

1305
01:34:23,868 --> 01:34:25,828
So none of that holds any water.

1306
01:34:26,908 --> 01:34:27,228
What else?

1307
01:34:35,548 --> 01:34:35,688
Oh,

1308
01:34:36,408 --> 01:34:37,288
on Microsoft.

1309
01:34:38,428 --> 01:34:38,668
So

1310
01:34:39,508 --> 01:34:40,348
Microsoft,

1311
01:34:42,078 --> 01:34:46,307
this is interesting, you know. Did you
hear a single witness or even a single,

1312
01:34:46,308 --> 01:34:49,588
uh, you know, w-witness at a trial, they
certainly didn't cite any testimony,

1313
01:34:50,308 --> 01:34:50,528
um,

1314
01:34:51,208 --> 01:34:52,808
about this virtuous circle thing?

1315
01:34:53,508 --> 01:34:56,768
We didn't hear Mr. Nadella talk about
Microsoft having a virtuous circle. None

1316
01:34:56,768 --> 01:35:00,747
of the Microsoft witnesses talk about
that. I mean, I, I don't know where, where

1317
01:35:00,747 --> 01:35:05,968
that comes from. Um, there are several
things that happened here. Microsoft

1318
01:35:05,968 --> 01:35:07,548
clearly knew,

1319
01:35:08,188 --> 01:35:12,668
um, that Elon was publicly concerned about
AI safety. That's something that Mr.

1320
01:35:12,668 --> 01:35:17,848
Nadella testified to himself, that they
knew that he founded and funded OpenAI

1321
01:35:17,848 --> 01:35:20,648
because of his concerns about AI safety,

1322
01:35:21,388 --> 01:35:26,178
um, and about one company being cornered.
Remember that testimony from Mr. Nadella?

1323
01:35:26,178 --> 01:35:29,828
He said he was concerned with one company
sort of monopolizing that,

1324
01:35:31,178 --> 01:35:32,188
um, concentration risk.

1325
01:35:32,928 --> 01:35:37,208
OpenAI was a nonprofit subject to all the
nonprofit obligations. Again, Mr. Nadella

1326
01:35:37,208 --> 01:35:41,328
testified that. OpenAI was dedicated to
advancing digital intelligence in a way

1327
01:35:41,328 --> 01:35:44,888
that is most likely to benefit humanity as
a whole. These are from Microsoft

1328
01:35:44,888 --> 01:35:45,338
documents.

1329
01:35:45,968 --> 01:35:51,008
And OpenAI's basic tenet was sharing its
research, uh, and that's directly from an

1330
01:35:51,008 --> 01:35:57,728
email of Microsoft. So, um, what matters
is that Microsoft knew that Elon donated

1331
01:35:57,728 --> 01:36:03,448
to OpenAI, that he founded OpenAI, that it
had a very specific purpose, and it knows

1332
01:36:03,448 --> 01:36:07,928
that nonprofits have a duty to use those
donations for their intended purpose to

1333
01:36:07,928 --> 01:36:10,488
further the mission, and that's absolutely
clear.

1334
01:36:11,288 --> 01:36:11,548
Um,

1335
01:36:15,128 --> 01:36:16,848
so I want to do one more thing,

1336
01:36:17,828 --> 01:36:22,068
uh, with you here. I want to show you the
verdict form you're going to have, okay?

1337
01:36:22,068 --> 01:36:22,178
Um,

1338
01:36:23,268 --> 01:36:29,148
and this is, this is again, directly from
the judge's, uh, instructions that you're

1339
01:36:29,148 --> 01:36:32,987
gonna get. We, we, we get them, the other
side gets them, and we just printed them

1340
01:36:32,988 --> 01:36:34,328
here. So I just want to show you.

1341
01:36:39,268 --> 01:36:51,548
So

1342
01:36:51,548 --> 01:36:54,868
there's a microphone behind you. Perhaps
use that one. I don't s--

1343
01:36:58,528 --> 01:37:00,638
-Otherwise, people can't hear.
-Right.

1344
01:37:04,628 --> 01:37:07,828
-Mr. Coinko is turning it on.
-Yes, Your Honor.

1345
01:37:07,828 --> 01:37:11,927
Okay. Um, so this is what you're gonna
get. We, the jury, in the above entitled

1346
01:37:11,928 --> 01:37:15,768
case, unanimously find, your verdict's got
to be unanimous, on the claim for breach

1347
01:37:15,768 --> 01:37:19,748
of charitable trust. Is the claim barred
by the statute of limitations, right?

1348
01:37:20,428 --> 01:37:25,588
And for all the reasons that we talked
about, including those just now, it's not

1349
01:37:25,588 --> 01:37:28,958
barred by the statute of limitations. So
your answer to that

1350
01:37:29,948 --> 01:37:34,448
is going to be no. On the claim for aiding
and abetting a breach of a charitable

1351
01:37:34,448 --> 01:37:34,848
trust,

1352
01:37:35,468 --> 01:37:39,358
uh, is the claim barred by statute of
limitations? Again, because of the timing,

1353
01:37:39,358 --> 01:37:44,232
the answer to that will be no.On the
claim of restitution based on unjust

1354
01:37:44,232 --> 01:37:49,432
enrichment, is the claim barred by the
statute of limitations? Again, no.

1355
01:37:51,172 --> 01:37:52,672
That'll be the first thing that you're
gonna fill.

1356
01:37:54,332 --> 01:37:54,562
Then...

1357
01:37:57,092 --> 01:38:13,072
Oops.

1358
01:38:13,072 --> 01:38:16,632
Much clearer than you might think, even
though there's a series of questions,

1359
01:38:16,632 --> 01:38:21,232
because then, uh, only answer question
four if you answered no to question one,

1360
01:38:21,232 --> 01:38:24,051
which you will have done, and said
differently if you answered yes to

1361
01:38:24,112 --> 01:38:27,632
question one, skip the question. So on the
first claim for breach of charitable

1362
01:38:27,632 --> 01:38:33,072
trust, did Musk prove the claim against
any of these defendants? And the answer,

1363
01:38:33,072 --> 01:38:36,462
for the reasons of all the evidence that
we-- that you've seen and the evidence

1364
01:38:36,462 --> 01:38:41,792
that we talked about today and earlier,
um, against Sam Altman, yes. Greg

1365
01:38:41,792 --> 01:38:44,292
Brockman, yes. OpenAI Foundation, yes.

1366
01:38:45,252 --> 01:38:48,652
Answer question five if you answered no to
question three.

1367
01:38:49,292 --> 01:38:53,652
Um, on the second claim for restitution
based upon unjust enrichment, did Musk

1368
01:38:53,652 --> 01:38:58,052
prove the claim by a preponderance of the
evidence against any of these defendants?

1369
01:38:58,052 --> 01:39:03,292
Answer, Sam Altman, yes. Greg Brockman,
yes. OpenAI Found- Foundation, yes. OpenAI

1370
01:39:03,292 --> 01:39:04,712
Group, ABC, yes.

1371
01:39:06,292 --> 01:39:07,332
If your answer to question...

1372
01:39:07,972 --> 01:39:12,672
Only answer question six if you answered
no. You've answered yes, so you won't have

1373
01:39:12,672 --> 01:39:13,432
to worry about that.

1374
01:39:28,592 --> 01:39:32,432
So if you answered no for every defendant
in questions four, five, and six, which

1375
01:39:32,432 --> 01:39:37,512
you haven't, on the affirmative defense,
um, of latches, did the defendants

1376
01:39:38,272 --> 01:39:44,292
prove by a preponderance of the evidence
that Musk delayed bringing his lawsuit for

1377
01:39:44,292 --> 01:39:48,552
an unreasonable length of time? But for
the same reasons that it's within the

1378
01:39:48,552 --> 01:39:53,552
statute of limitations, the answer will
be, uh, uh, yeah, defense of latches.

1379
01:39:54,292 --> 01:39:58,052
Did the defendants prove, because this is
the defendant's burden of proof, not, not

1380
01:39:58,052 --> 01:39:58,372
mine,

1381
01:39:59,092 --> 01:39:59,292
um,

1382
01:39:59,912 --> 01:40:02,762
that Musk delayed bringing this lawsuit?
The answer is no, he did not.

1383
01:40:03,382 --> 01:40:07,382
And on the affirmative defense of unclean
hands, those were those five project

1384
01:40:07,382 --> 01:40:11,232
claims that I've mentioned, um, on the
affirmative defense of unclean hands, did

1385
01:40:11,232 --> 01:40:15,672
the defendants prove by a preponderance of
the evidence that Musk engaged in conduct

1386
01:40:15,672 --> 01:40:20,312
that was unconscionable, directly related
to his claims? The answer is no. And then

1387
01:40:20,312 --> 01:40:21,112
whoever

1388
01:40:21,712 --> 01:40:25,412
is, uh, among you who decides that you're
gonna be the, the, the chairman, or you

1389
01:40:25,412 --> 01:40:31,312
all elect the chairman, will sign it. So,
uh, these forms sometimes for jurors,

1390
01:40:32,272 --> 01:40:34,952
you know, there's a little discomfort
because it's just an unusual thing that we

1391
01:40:34,952 --> 01:40:40,572
do. You, uh, judge-- the judge took a
great deal of, um, pain and effort to make

1392
01:40:40,572 --> 01:40:46,052
sure that these were clear instructions
that would give you a clear path, but I

1393
01:40:46,052 --> 01:40:47,372
felt that I wanted to just

1394
01:40:48,552 --> 01:40:50,172
start and see

1395
01:40:50,232 --> 01:40:52,812
what it would be to, to decide to write
it.

1396
01:41:03,492 --> 01:41:03,652
So

1397
01:41:05,172 --> 01:41:06,312
I just wanna talk about one more thing,

1398
01:41:07,852 --> 01:41:08,832
and that is, um,

1399
01:41:10,892 --> 01:41:13,532
this case and what it means. And

1400
01:41:15,552 --> 01:41:17,432
it, it was really gratifying,

1401
01:41:18,152 --> 01:41:20,412
really gratifying to go through jury
selection

1402
01:41:21,152 --> 01:41:21,472
and

1403
01:41:22,212 --> 01:41:23,272
have each of you,

1404
01:41:24,192 --> 01:41:25,532
you know, say, "Hey, I'm gonna,

1405
01:41:26,212 --> 01:41:28,672
I'm gonna judge this case on the law and
facts.

1406
01:41:29,652 --> 01:41:32,602
I may have negative feelings about Elon
Musk. I may have positive feelings on,

1407
01:41:33,322 --> 01:41:37,572
uh, Elon Musk, but that's not what this is
about. This is the system of justice.

1408
01:41:37,572 --> 01:41:40,931
This is a system where we decide what the
law

1409
01:41:42,312 --> 01:41:42,952
affords

1410
01:41:44,132 --> 01:41:47,792
the people that are in this courtroom as
litigants." All right? Everybody here has

1411
01:41:47,792 --> 01:41:48,112
rights,

1412
01:41:49,032 --> 01:41:51,372
even really rich guys like Elon Musk.

1413
01:41:52,072 --> 01:41:59,052
And his claim is a claim that comes from a
very deep place inside him over

1414
01:41:59,052 --> 01:42:01,412
his, um, passion for this issue.

1415
01:42:03,452 --> 01:42:05,792
The evidence establishes that we're right.

1416
01:42:07,112 --> 01:42:08,932
We are. And

1417
01:42:10,052 --> 01:42:12,742
I'd ask you to think about the
consequences if

1418
01:42:14,452 --> 01:42:17,672
we're not found that we're right. For some
reason, somebody says that, "Well, geez,

1419
01:42:17,672 --> 01:42:18,602
-that's not right."
-So thank-

1420
01:42:18,602 --> 01:42:20,912
That means that someone can take a, a
charity-

1421
01:42:20,912 --> 01:42:21,922
-Mr. Mull.
-Yes.

1422
01:42:21,922 --> 01:42:23,292
-Just be careful.
-Okay.

1423
01:42:24,512 --> 01:42:24,772
And

1424
01:42:25,932 --> 01:42:26,052
w-

1425
01:42:27,172 --> 01:42:27,572
that

1426
01:42:30,252 --> 01:42:31,552
this case as, as

1427
01:42:32,352 --> 01:42:35,512
the facts here are the facts here, but
there's a lot of high-profile people

1428
01:42:35,512 --> 01:42:35,952
involved.

1429
01:42:37,312 --> 01:42:40,252
You will make the decision on the law and
on the evidence.

1430
01:42:41,212 --> 01:42:41,952
It's all you're gonna do.

1431
01:42:42,892 --> 01:42:46,372
But I'd, I'd invite you to think what it
is that, um,

1432
01:42:47,032 --> 01:42:50,612
that we're doing here with, with, with
something that is this great. Not many

1433
01:42:50,612 --> 01:42:52,122
people in life

1434
01:42:53,312 --> 01:42:55,772
get the opportunity to do what

1435
01:42:56,532 --> 01:42:57,612
we're asking you to do,

1436
01:42:58,792 --> 01:43:00,132
and that is to

1437
01:43:00,752 --> 01:43:01,272
right a wrong.

1438
01:43:02,532 --> 01:43:04,432
I mean, a lot of us go through our lives,

1439
01:43:05,292 --> 01:43:09,071
we are wronged in some fashion or another,
or we certainly think we are, or we see

1440
01:43:09,072 --> 01:43:09,812
people wronged,

1441
01:43:10,552 --> 01:43:13,912
and we feel like there's nothing that can
be, can be done about it.

1442
01:43:15,872 --> 01:43:18,032
We are here asking you for justice.

1443
01:43:18,812 --> 01:43:20,592
That's all we're asking for.

1444
01:43:21,392 --> 01:43:22,272
And, um,

1445
01:43:23,592 --> 01:43:27,492
very, very capable lawyers, very
well-funded parties on the other side.

1446
01:43:28,932 --> 01:43:29,352
Obviously, Mr.

1447
01:43:30,212 --> 01:43:32,612
Musk, um, is, is who he is.

1448
01:43:33,332 --> 01:43:36,432
But at the end of the day, what we're
about here is to decide

1449
01:43:38,552 --> 01:43:40,692
an issue before a court of law,

1450
01:43:41,972 --> 01:43:42,272
and

1451
01:43:43,332 --> 01:43:49,072
we trust that-The decision you make will
be a fair one that is consistent with the

1452
01:43:49,072 --> 01:43:51,352
law, that will administer justice.

1453
01:43:52,332 --> 01:43:54,392
We thank you very much for the time that
you've

1454
01:43:55,452 --> 01:43:58,932
spent listening to this case and for the
time that you're gonna spend deliberating

1455
01:43:58,932 --> 01:43:59,512
on this case,

1456
01:44:00,192 --> 01:44:05,471
and we have a high degree of confidence in
placing our trust in you. So thank you

1457
01:44:05,472 --> 01:44:06,611
very much.

1458
01:44:06,612 --> 01:44:08,892
We, uh, wish you good luck in your
deliberations

1459
01:44:09,552 --> 01:44:13,702
and, um, I guess we'll see you again at
some point in the not too distant future.

1460
01:44:14,892 --> 01:44:17,321
-[laughs]
-All right. Thank you.

1461
01:44:17,321 --> 01:44:17,572
-Yeah.
-Okay.

1462
01:44:18,372 --> 01:44:19,172
Members of the jury.

1463
01:44:20,532 --> 01:44:20,892
-Oh-
-Before-

1464
01:44:20,892 --> 01:44:23,712
Your Honor, there's ... Mr. Cry had one
issue.

1465
01:44:23,712 --> 01:44:26,772
Yeah. I, I'm sorry, Your Honor. I ... One,
one housekeeping matter. The plaintiff

1466
01:44:26,772 --> 01:44:31,252
would, uh, move under Rule 50(a) against
the affirmative defenses for sufficiency

1467
01:44:31,252 --> 01:44:31,821
of the evidence,

1468
01:44:32,672 --> 01:44:33,872
Rule 50(a).

1469
01:44:35,352 --> 01:44:35,532
Uh-

1470
01:44:36,162 --> 01:44:36,432
-D-
-Thank you.

1471
01:44:38,092 --> 01:44:41,952
All right. Members of the jury, before you
begin your deliberations,

1472
01:44:42,792 --> 01:44:46,992
you should elect one member of the jury as
your presiding juror.

1473
01:44:48,052 --> 01:44:52,692
The presiding juror will preside over your
deliberations and serve as the

1474
01:44:52,692 --> 01:44:58,572
spokesperson for you here in the court. We
can take that down, Edmund.

1475
01:44:58,572 --> 01:44:59,312
Oh, this one.

1476
01:45:00,232 --> 01:45:03,432
You should, um, and this is there in your
book, it's the end,

1477
01:45:04,152 --> 01:45:09,492
you shall diligently strive to reach
agreement with all the other jurors if you

1478
01:45:09,492 --> 01:45:10,172
can do so,

1479
01:45:11,252 --> 01:45:13,652
and your verdict must be unanimous.

1480
01:45:15,312 --> 01:45:17,812
Each of you must decide the case for
yourself,

1481
01:45:18,812 --> 01:45:19,052
but

1482
01:45:19,832 --> 01:45:24,492
you should do so only after you have
considered all the evidence, discussed it

1483
01:45:24,492 --> 01:45:27,752
fully with the other jurors, and listened
to their views.

1484
01:45:28,912 --> 01:45:34,092
It is important that you attempt to reach
a unanimous verdict, but, of course, only

1485
01:45:34,092 --> 01:45:35,452
if each of you can do so

1486
01:45:36,132 --> 01:45:39,192
after having made your own conscientious
decision.

1487
01:45:40,172 --> 01:45:46,192
Do not be willing, unwilling to change
your opinion if the discussion persuades

1488
01:45:46,192 --> 01:45:47,072
you that you should.

1489
01:45:47,992 --> 01:45:52,122
But do not come to a decision simply
because other jurors think it is right,

1490
01:45:52,792 --> 01:45:56,732
or change an honest belief about the
weight and effect of the evidence simply

1491
01:45:56,732 --> 01:45:57,452
to reach a verdict.

1492
01:45:58,512 --> 01:46:03,552
Because your decision and verdict must
only be based on the evidence received in

1493
01:46:03,552 --> 01:46:05,492
this case and on these instructions,

1494
01:46:06,292 --> 01:46:10,792
I remind you that you must not be exposed
to any other information about the case or

1495
01:46:10,792 --> 01:46:12,112
the issues involved

1496
01:46:12,832 --> 01:46:13,052
in it,

1497
01:46:14,192 --> 01:46:17,491
except for discussing the case now with
your fellow jurors during your

1498
01:46:17,492 --> 01:46:18,292
deliberations.

1499
01:46:19,032 --> 01:46:23,372
It's been a while since I've read this to
you, but I'm gonna go ahead and read it

1500
01:46:23,372 --> 01:46:23,752
again.

1501
01:46:25,212 --> 01:46:31,051
Do not communicate with anyone in any way
and do not let anyone else communicate

1502
01:46:31,052 --> 01:46:35,232
with you in any way about the merits of
this case or anything to do with it.

1503
01:46:36,072 --> 01:46:39,932
This includes discussing the case in
person, in writing, by phone, tablet,

1504
01:46:39,932 --> 01:46:41,512
computer, or any other means,

1505
01:46:42,132 --> 01:46:47,172
via email, text messaging, or any internet
chat room, blog, website, or application,

1506
01:46:47,852 --> 01:46:53,072
including but not limited to Facebook,
YouTube, X, formerly known as Twitter,

1507
01:46:53,072 --> 01:46:57,632
Instagram, LinkedIn, Snapchat, TikTok, or
any form of social media.

1508
01:46:58,492 --> 01:47:02,532
This applies to communicating with your
family members, your employer, the press,

1509
01:47:02,532 --> 01:47:03,032
the media,

1510
01:47:04,212 --> 01:47:08,572
um, the people involved in this trial. If
you're asked or approached in any way

1511
01:47:08,572 --> 01:47:14,192
about your jury service or anything about
this case, you must respond that you have

1512
01:47:14,192 --> 01:47:18,672
been ordered not to discuss this matter
and report any contact to the court.

1513
01:47:19,482 --> 01:47:23,992
Do not read, watch, or listen to any news
or media accounts or commentary about the

1514
01:47:23,992 --> 01:47:24,772
case

1515
01:47:24,972 --> 01:47:27,992
or anything to do with it. Do not do any
research,

1516
01:47:28,732 --> 01:47:33,452
such as consulting dictionaries, searching
the Internet, or using any other

1517
01:47:33,452 --> 01:47:38,712
reference materials. Do not make any
investigation or in any way try to learn

1518
01:47:38,712 --> 01:47:40,812
anything about the case on your own.

1519
01:47:42,152 --> 01:47:43,472
Also, do not research,

1520
01:47:44,272 --> 01:47:48,852
um, do any research about the case, the
law, or the people involved, including the

1521
01:47:48,852 --> 01:47:50,672
parties, the witnesses, or the lawyers,

1522
01:47:51,272 --> 01:47:53,051
until you've been excused as jurors.

1523
01:47:54,352 --> 01:47:57,632
If you happen to read or hear anything
touching on the case in the media, just

1524
01:47:57,632 --> 01:47:59,972
turn away and let me know as soon as
possible.

1525
01:48:01,052 --> 01:48:05,932
These rules are here to protect each
party's right to have this case decided

1526
01:48:05,932 --> 01:48:09,092
solely on the evidence that was presented
here in court.

1527
01:48:10,092 --> 01:48:14,362
Witnesses here in court take an oath to
tell the truth, and the accuracy of their

1528
01:48:14,362 --> 01:48:18,732
testimony is tested through the trial
process.

1529
01:48:19,592 --> 01:48:23,472
If you do any research or investigation
outside of the courtroom or gain

1530
01:48:23,472 --> 01:48:26,042
information through improper
communications,

1531
01:48:26,712 --> 01:48:32,212
then your verdict may be influenced by
inaccurate, incomplete, or misleading

1532
01:48:32,212 --> 01:48:36,772
information that has not been tested by
the trial process.

1533
01:48:38,032 --> 01:48:42,152
Each of the parties is entitled to a fair
trial by an impartial jury,

1534
01:48:42,892 --> 01:48:47,352
and if you decide the case based on
information not presented in this, uh,

1535
01:48:47,352 --> 01:48:47,572
court,

1536
01:48:48,532 --> 01:48:51,592
you will have denied the parties a fair
trial.

1537
01:48:52,692 --> 01:48:56,412
Remember, you've taken an oath to follow
these rules, and it's important that you

1538
01:48:56,412 --> 01:48:56,932
do so.

1539
01:48:58,172 --> 01:49:02,512
Any juror who violates these restrictions
jeopardizes the fairness of these

1540
01:49:02,512 --> 01:49:03,232
proceedings.

1541
01:49:04,232 --> 01:49:06,092
If you're exposed again, just let me know.

1542
01:49:07,272 --> 01:49:10,972
If it becomes necessary during your
deliberations to communicate with me,

1543
01:49:11,672 --> 01:49:16,492
you may send a note through the courtroom
deputy, and Mr. Cuenco will provide you

1544
01:49:16,492 --> 01:49:16,992
forms.

1545
01:49:17,812 --> 01:49:20,092
A note to me can be signed by any of you,

1546
01:49:20,712 --> 01:49:21,972
not just the foreperson.

1547
01:49:22,812 --> 01:49:26,352
It does not have to, as a note, does not
have to be the presiding juror.

1548
01:49:27,312 --> 01:49:31,592
No member of the jury should ever attempt
to communicate with me except by signed

1549
01:49:31,592 --> 01:49:34,932
writing, and I will not communicate with
any member of the jury

1550
01:49:35,552 --> 01:49:41,192
on anything concerning this case except in
signed writing or here in open court.

1551
01:49:42,272 --> 01:49:46,932
If you send out a question, please
understand I must consult with the lawyers

1552
01:49:46,932 --> 01:49:48,022
before answering it,

1553
01:49:48,832 --> 01:49:53,232
so it may take some time. Please continue
your deliberations while waiting for the

1554
01:49:53,232 --> 01:49:59,262
answer to any question.Remember, you are
not to tell anyone, including the court,

1555
01:49:59,262 --> 01:50:00,342
how the jury stands,

1556
01:50:00,982 --> 01:50:05,782
whether in terms of a vote count or
otherwise, until after you have reached a

1557
01:50:05,782 --> 01:50:09,642
unanimous verdict or you have been
discharged.

1558
01:50:11,101 --> 01:50:14,482
As I noted, a verdict form has been
prep-prepared for you.

1559
01:50:15,102 --> 01:50:18,661
I've instructed you on the law that you're
to use in answering the questions, and

1560
01:50:18,662 --> 01:50:20,212
you should follow my instructions

1561
01:50:20,822 --> 01:50:22,382
and the form carefully.

1562
01:50:23,712 --> 01:50:28,202
You must, uh, consider each question
separately,

1563
01:50:29,382 --> 01:50:33,422
and after you answer a question, the form
tells you what to do next.

1564
01:50:34,102 --> 01:50:39,282
You must be unanimous on each answer of
the questions.

1565
01:50:39,922 --> 01:50:40,202
Okay.

1566
01:50:41,922 --> 01:50:46,962
I would ask that, uh, before you leave
today, you confer and let us know what

1567
01:50:46,962 --> 01:50:50,062
your schedule is. That will help the
parties for next week.

1568
01:50:50,722 --> 01:50:55,042
I've told them you will not be here
tomorrow, so I expect you to be back on

1569
01:50:55,042 --> 01:51:00,382
Monday. But if you could do that before
you leave and let Mr. Quenco know, again,

1570
01:51:00,382 --> 01:51:01,942
on a note, write it in a note,

1571
01:51:02,622 --> 01:51:04,142
and then deliver it back to him.

1572
01:51:05,262 --> 01:51:09,482
Before I let you go, are there any
questions? And we will be providing lunch

1573
01:51:09,482 --> 01:51:12,202
every day, so you don't have to worry
about that. Okay.

1574
01:51:12,842 --> 01:51:13,882
Any questions?

1575
01:51:15,722 --> 01:51:15,942
No.

1576
01:51:17,842 --> 01:51:24,762
All right. Then, uh, you may leave the
courtroom, and we'll stand in recess, uh,

1577
01:51:24,762 --> 01:51:27,702
-until Monday morning.
-Please rise for the jury.

1578
01:51:37,902 --> 01:51:52,302
Thank

1579
01:51:52,302 --> 01:51:54,102
you, ladies and gentlemen.

1580
01:51:55,142 --> 01:51:57,862
Um, okay, there's just, uh,

1581
01:51:59,142 --> 01:52:03,422
there are just a couple of technical
things. One, the, the transcript at

1582
01:52:04,142 --> 01:52:06,202
fourteen colon fifty-three,

1583
01:52:07,182 --> 01:52:08,932
uh, which was at the recess, uh,

1584
01:52:09,762 --> 01:52:13,702
I used the word, uh, sustained. It should
have been overruled.

1585
01:52:15,002 --> 01:52:16,022
Um, next,

1586
01:52:16,682 --> 01:52:22,542
there is an outstanding gavel at docket
number three ninety-five.

1587
01:52:23,342 --> 01:52:24,962
This has to do with some,

1588
01:52:25,922 --> 01:52:30,902
uh, meet and confer that was supposed to
happen over sealed document that I bel- I

1589
01:52:30,902 --> 01:52:32,562
think it's a Microsoft issue.

1590
01:52:33,462 --> 01:52:34,882
Um, would you all please,

1591
01:52:35,602 --> 01:52:39,182
uh, let me know what to do with that by
tomorrow?

1592
01:52:39,182 --> 01:52:39,542
Will do.

1593
01:52:40,242 --> 01:52:43,302
Okay. It's, it should-- I'm hoping it's
some small thing.

1594
01:52:45,462 --> 01:52:45,802
Okay.

1595
01:52:46,792 --> 01:52:47,102
Um,

1596
01:52:49,542 --> 01:52:51,942
as soon as we, uh, know what the jury,

1597
01:52:53,242 --> 01:52:59,162
uh, their schedule is gonna be, we will
let you all know. Anything that you all

1598
01:52:59,162 --> 01:53:00,582
need at this point,

1599
01:53:02,862 --> 01:53:06,162
-um, from the plaintiffs? No.
-Nothing.

1600
01:53:06,222 --> 01:53:06,542
Okay.

1601
01:53:07,362 --> 01:53:10,202
And, uh, from the defense? Anything-

1602
01:53:11,262 --> 01:53:17,502
Should we just supply your staff with a
phone number or for deliberations or what

1603
01:53:17,502 --> 01:53:20,522
-is, what's appropriate to the court?
-Yeah. So, um,

1604
01:53:21,902 --> 01:53:27,962
a-as I think I've indicated, um, I'd like
someone from every side to be here within,

1605
01:53:28,702 --> 01:53:33,382
you know, preferably five, no more than
ten minutes to the courtroom while the

1606
01:53:33,382 --> 01:53:34,542
jury's deliberating.

1607
01:53:35,622 --> 01:53:35,732
Um,

1608
01:53:36,542 --> 01:53:37,882
why don't you, um,

1609
01:53:39,062 --> 01:53:44,442
leave Mr. Quenco whichever number is, uh,
you need, or if we're communicating with

1610
01:53:44,442 --> 01:53:47,602
you by email, that's fine too. But I would
just talk to him

1611
01:53:48,942 --> 01:53:54,442
later. I do have a, a criminal matter that
I need to deal with at four o'clock, so

1612
01:53:54,442 --> 01:53:57,442
he's not gonna have a ton of time. You can
also just send him an email.

1613
01:53:58,062 --> 01:53:59,102
-That's-
-Thank you very much, Judge.

1614
01:54:00,022 --> 01:54:03,522
Okay. Anything else, Mr. Savitt, Ms. Eddy?

1615
01:54:04,842 --> 01:54:09,302
N-no, thank you, Your Honor. We'll await
court's instructions respecting Monday

1616
01:54:09,302 --> 01:54:12,462
-count.
-Yeah. And, um, so we'll start our part at

1617
01:54:12,462 --> 01:54:15,142
nine o'clock. I think we don't have to be
here at eight.

1618
01:54:16,202 --> 01:54:19,062
-Thank you.
-Mr. Cry told me he would really like that.

1619
01:54:19,062 --> 01:54:21,462
Okay.

1620
01:54:22,282 --> 01:54:22,462
Um,

1621
01:54:23,382 --> 01:54:25,362
then we'll stand in recess. Thank you very
much.

1622
01:54:28,702 --> 01:54:33,112
-Oh.
-[clears throat] Hmm.

1623
01:54:53,201 --> 01:56:00,802
[background chattering]

1624
01:56:05,394 --> 01:56:09,894
May I have representatives from the
parties for as far as jury meals are

1625
01:56:09,894 --> 01:56:11,074
concerned?

1626
01:56:12,454 --> 01:56:13,274
This is for Monday.

1627
01:56:31,834 --> 01:56:37,074
Mike wasn't [background noise]

1628
01:56:37,074 --> 01:56:41,874
They did submit their preferences,

1629
01:56:42,694 --> 01:56:47,974
and not everyone, not everyone submitted
for Monday evening, whatever order they

1630
01:56:47,974 --> 01:56:48,174
had.

1631
01:56:49,254 --> 01:56:50,874
Okay. Oh, I see.

1632
01:56:51,874 --> 01:56:53,794
But the boards, the boards worked out for
you.

1633
01:56:54,754 --> 01:56:56,664
You know what? March will

1634
01:56:59,374 --> 01:56:59,874
be

1635
01:57:03,274 --> 01:57:21,074
great.

1636
01:57:21,234 --> 01:57:29,754
[background noise]

1637
01:57:29,754 --> 01:57:33,414
Oh, those are just eight copies of what I

1638
01:57:33,414 --> 01:57:35,914
got. Perfect.

1639
01:57:40,054 --> 01:57:42,534
That's my phone number.

1640
01:57:48,074 --> 01:57:50,554
Um, yes, but what are changes for Monday?

1641
01:57:54,494 --> 01:57:57,854
Those who are not there, it means they get
the same lunch for Monday.

1642
01:57:58,694 --> 01:57:59,994
Those are just seven.

1643
01:57:59,994 --> 01:58:06,754
[background noise] And they included their

1644
01:58:06,754 --> 01:58:10,114
preferences for drink. [background noise]

1645
01:58:10,114 --> 01:58:16,934
Council.

1646
01:58:16,934 --> 01:58:22,794
You're most welcome. You're

1647
01:58:22,794 --> 01:58:27,254
welcome. [background noise]

1648
01:58:29,394 --> 01:58:36,314
I'm opening it. [background noise] Oh,
they're-- I would say that they're

1649
01:58:36,314 --> 01:58:39,474
all of them, I'm sure. Thank you, Council
Member Gordon. [background noise]

1650
01:58:40,594 --> 01:58:44,274
I'm, I may need representative, uh,
council from each side because I'm

1651
01:58:44,274 --> 01:58:45,434
expecting a jury.