Elon Musk is going for some substantial damages in his lawsuit accusing OpenAI of abandoning its nonprofit mission and “making a fool out of him” as an early investor.
On Friday, Musk filed a notice on remedies sought in the lawsuit, confirming that he’s seeking damages between $79 billion and $134 billion from OpenAI and its largest backer, co-defendant Microsoft.
Musk hired an expert he has never used before, C. Paul Wazzan, who reached this estimate by concluding that Musk’s early contributions to OpenAI generated 50 to 75 percent of the nonprofit’s current value. He got there by analyzing four factors: Musk’s total financial contributions before he left OpenAI in 2018, Musk’s proposed equity stake in OpenAI in 2017, Musk’s current equity stake in xAI, and Musk’s nonmonetary contributions to OpenAI (like investing time or lending his reputation).
The eye-popping damage claim shocked OpenAI and Microsoft, which could also face punitive damages in a loss.
The tech giants immediately filed a motion to exclude Wazzan’s opinions, alleging that step was necessary to avoid prejudicing a jury. Their filing claimed that Wazzan’s math seemed “made up,” based on calculations the economics expert testified he’d never used before and allegedly “conjured” just to satisfy Musk.
For example, Wazzan allegedly ignored that Musk left OpenAI after leadership did not agree on how to value Musk’s contributions to the nonprofit. Problematically, Wazzan’s math depends on an imaginary timeline where OpenAI agreed to Musk’s 2017 bid to control 51.2 percent of a new for-profit entity that was then being considered. But that never happened, so it’s unclear why Musk would be owed damages based on a deal that was never struck, OpenAI argues.