We knew that Elon Musk’s lawsuit against the founders of OpenAI would cause fireworks when the case came. When Sam Altman took this step, as the OpenAI CEO did on Tuesday in federal court in Oakland, California, we knew he would face allegations of dishonesty.
However, we didn’t know that Altman would send a memory of Elon Musk showing his favorite memes, resulting in a surprising strategy. Or that the “crossing fingers” emoji will get a new meaning.
Or, in the most dramatic moment of the trial, Altman will face charges that he lied to the Senate when he said he had no financial stake in OpenAI.
Everything you need to know about Elon Musk’s OpenAI testimonial
Here are four of the most memorable claims from the most important day in court:
1. Musk was ‘downed’ by OpenAI — and he claimed it for himself
Altman initially faced friendly questions from OpenAI advocates, which allowed him to present his side of the story. This was his chance to tell the story of the ChatGPT maker’s early critical years, and how Musk got involved — that is, how much of a threat Musk’s involvement was to the fledgling nonprofit.
“I don’t think Mr. Musk understood how to run a good research lab,” Altman said. “He has discouraged some of our important researchers.” How? By having founders measure them by their achievements – known in Silicon Valley as “stack position” – they take the “chainsaw” from lower-level researchers.
In other words, the same game that Musk used on Twitter, before it was X, in 2023, and DOGE in 2025 – a practice linked to him, presented literally with a chainsaw. “That caused a lot of long-term damage to the culture of the organization,” Altman added.
Although Musk is a “good” founder, Altman said, he was interested in acquiring OpenAI for himself – or his heirs. “In a hair-raising moment,” Altman said, Musk thought “maybe OpenAI should pass on to my kids” when he dies.
2. Musk was more interested in ‘memes’ than the future of OpenAI
Altman then testified that he kept Musk fully reinstated at the company even after Musk left in 2018. But Musk was far from concerned about how OpenAI would fund the massive computing needed, Altman said.
Altman described a 2018 meeting with Musk about the Microsoft funding Musk now says he hates. But at the time, Musk was full of “good vibes” in an unusual way, and was “having a long conversation showing us memes on his phone.”
The courtroom photographer apparently had a hard time understanding Altman’s use of “memes,” leading to one of the most unintentionally funny moments of the trial:
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The aforementioned emoji followed soon after, and it also has a surprising amount to deal with this case.
Altman recounted an email he wrote to Shivon Zillis, a former OpenAI employee with whom Musk has a romantic relationship and two children, showing that he was worried about how Musk would get the Microsoft investment.
“We hope it’s easy,” he told Zillis, adding a “fingers emoji” for emphasis. And if Altman is to be believed, it was.
But therein lies the question that dominated the courtroom this afternoon: is something Altman to be believed?
3. ‘Are you completely honest?’
That’s how Steven Molo, Musk’s lawyer, opened his examination of Altman. “I believe I’m an honest person,” Altman replied.
Molo tried to pin Altman on the exact truth of his loyalty. But Altman didn’t bite, sticking only to what he said he “believes” about his comments.
Molo also tried to get Altman on the record about his painful profile, written by Ronan Farrow in the book. New Yorkerthe gist of it is that Altman is a liar who was fired by the OpenAI board in 2023 for that reason.
But Altman’s lawyer objected, the judge objected, and Molo was able to inform the judge of the article’s existence.
4. Altman’s OpenAI stake is under scrutiny
Molo was more successful when he suggested that Altman was slippery with his finances – and not just in OpenAI.
Musk’s attorney showed a slide listing the companies OpenAI does business with and that Altman has invested in, including Reddit. Some of the companies were acquired by OpenAI.
But that do-it-yourself proposition paled next to what Altman admitted next, for the first time: he has an equity stake in OpenAI, albeit an indirect one through the Silicon Valley start-up incubator he ran, YCombinator.
As Molo and online viewers quickly realized, that appears to contradict Altman’s sworn testimony to the US Senate in 2023. “I don’t have equity in OpenAI,” Altman told GOP Senator John Kennedy, insisting he’s “paid enough for health insurance.”
At the time, Kennedy offered some friendly advice to help the apparently selfless OpenAI executive get what he deserves. “You need a lawyer,” he told Altman.
Given that GOP members of the House Oversight Committee recently launched an investigation into Altman’s spending spree, Kennedy’s advice comes in a different light in 2026. Even after the case is over, Altman’s lawyers will have their work cut out for them.
