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Musk’s “World War III” threat in Twitter lawsuit haunts him at OpenAI trial

A coercive settlement message threatens to backfire on Elon Musk in court.

Deep Dive

Just days before the OpenAI trial, Elon Musk attempted to settle his lawsuit by messaging OpenAI President Greg Brockman, suggesting a mutual dismissal of claims. When Brockman proposed both sides drop everything, Musk responded with a threatening ultimatum: "By the end of this week, you and Sam will be the most hated men in America. If you insist, so it will be." OpenAI now argues this message should be admitted as evidence of Musk's true motive—harassing a competitor rather than legitimate settlement. Typically, settlement communications are privileged, but OpenAI points to a precedent from Musk's failed Twitter acquisition lawsuit. In that 2022 case, Musk's team threatened "World War III until the end of time" for Twitter executives if forced to buy the company at the agreed price. That threat was deemed admissible because it was coercive rather than conciliatory.

OpenAI's lawyer William Savitt—who worked on Musk's Twitter defense—is now leveraging that same exception. The judge must decide today whether Musk's message to Brockman reveals a personal grudge campaign against Sam Altman, as OpenAI alleges. If admitted, it could significantly weaken Musk's case, which already stumbled when he took the stand, making concessions and admitting ignorance about AI safety at his own company xAI. Musk's lawyers argue that allowing such messages would chill future settlement talks, but OpenAI insists the threat goes beyond negotiation. The ruling will set a precedent for what constitutes a genuine settlement attempt versus coercion in high-stakes tech litigation.

Key Points
  • Musk texted Brockman two days before trial, threatening to make Altman and Brockman "the most hated men in America" if they didn't drop claims.
  • OpenAI cites a precedent from Musk's Twitter lawsuit where a similar "World War III" threat during settlement talks was deemed admissible as coercive.
  • The judge will rule today whether the message can be used as evidence of Musk's motive to harass a competitor rather than settle in good faith.

Why It Matters

A ruling against Musk could strengthen OpenAI's defense and expose his litigious motives, impacting future settlement privilege in tech disputes.