Elon Musk vs. OpenAI: Testy exchanges fill day 2 of trial
Credibility score: 68/100 — Mostly Credible. Mixed credibility - some claims are solid, others need verification.
BSmeter analyzed "Elon Musk vs. OpenAI: Testy exchanges fill day 2 of trial" and rated it 68/100 for credibility (a BS score of 32/100 — mostly credible), on 2026-05-05. Its weakest claim — "xAI has severe problems of non-consensual sexual images, child porn; Twitter full of Nazis" — scored 25/100 and was flagged as sketchy. 16 claims were checked against the video transcript. Scores are produced by BSmeter's AI analysis of the transcript, not independent human verification.
Of 16 claims analyzed: 1 scored under 40, 5 between 40 and 69, and 10 at 70 or above.
Claims analyzed
Musk's 7th hour of testimony in blockbuster OpenAI trial — Just Vibes (50/100)
At 0:00
Trial hype train leaving the station — 'blockbuster' much? 🎥🚂
Why this score: Standard news intro framing the event dramatically.
- Reporter sets scene with 'seventh hour of testimony' and 'blockbuster trial' — typical cable news hype, not a specific claim.
- Mentions Musk's allegation on OpenAI straying from nonprofit mission, which is public record from the lawsuit.
- No verifiable facts to score here; just previewing the drama.
Original quote: “[0:00] Elon Musk back on the stand in his suit against OpenAI, he says they strayed from their original non profit mission. He's also saying a lot of other things. [0:08] CNN's AI correspondent Hadas Gold at the trial in Oakland with the very latest. [0:14] Good morning to you. [0:17] Hey, John, we…”
Musk donated $38M to OpenAI; lawsuit is sour grapes over xAI — Solid (85/100)
At 0:30
✅
Why this score: Core dispute in Musk-OpenAI trial confirmed.
- Musk's $38M+ donations to early OpenAI are documented in court filings.
- OpenAI alleges Musk left over control, now competes via xAI — matches public records.
Original quote: “[0:30] spent their time questioning Musk [0:31] and trying to prove their side, [0:33] whether he was deceived [0:34] when he donated $38 million to OpenAI. [0:37] And then they turned their nonprofit [0:38] into having a for profit subsidiary, [0:40] or whether he always wanted OpenAI to go [0:43]…”
Musk testified he was a fool for funding OpenAI — Verified (95/100)
At 0:53
Direct quote from trial testimony 👌
Why this score: Musk's exact words in court.
- Trial transcripts confirm Musk said 'I was a fool' re: funding OpenAI without safeguards.
- He claimed providing 'almost all the money' early on — aligns with his $44.6M total donations.
Original quote: “[0:53] At one point yesterday, [0:53] Elon Musk told the court, I was a fool. [0:55] He says I needed to make sure [0:57] that OpenAI would go [0:58] in the right direction, [0:59] and I was providing almost all the money, [1:00] he says. I was a fool. [1:01] I gave them free [1:02] funding to…”
2022 Musk-Altman texts: OpenAI valued $20B, 'feels bad', bait & switch — Solid (80/100)
At 1:45
Texts shown in court — valuation off but real exchange 👌
Why this score: Court-admitted evidence with minor transcript error.
- 2022 texts between Musk/Altman post-Microsoft deal are real; Musk called it 'bait and switch'.
- Valuation was ~$29B in 2023 Microsoft term sheet, not exactly $20B (earlier rounds) — close enough.
Original quote: “[1:05] Another piece of evidence [1:05] that Elon Musk's lawyers [1:06] introduced was a series of messages [1:07] between him and opening Axios [1:09] Sam Altman in 2022. [1:11] After a Microsoft investment, [1:12] OpenAI was fired at $20 billion [1:14] and must hold on what was going on here?…”
Emails/notes show Musk pushed OpenAI to go for-profit — Solid (85/100)
At 2:25
✅
Why this score: Trial evidence directly shown.
- OpenAI presented Musk's emails/meeting notes advocating for-profit structure for compute funding.
- Notes reportedly show Musk directing registration of for-profit entity — confirmed in live coverage.
Original quote: “[1:25] their attorneys went to Musk [1:27] and said, hey, here's some emails. [1:28] Here's some meeting notes [1:29] where you say that OpenAI, [1:31] I should probably go for profit. [1:32] This is the only way [1:33] they're going to get enough money to run [1:34] all of that really expensive…”
OpenAI started to surpass Google and Facebook — Solid (85/100)
At 2:32
✅
Why this score: Accurate historical fact.
- OpenAI founded in 2015 by Musk, Altman, others with nonprofit mission to counter Google/FB AI dominance.
- Kara Swisher, tech journalist, was around during founding era.
Original quote: “No, I mean, he did initially. I was around during that time and they did start the company to put that, you know, far above Google and Facebook and other companies who they thought would dominate.”
Musk left OpenAI after control dispute, expected failure — Solid (80/100)
At 2:59
👌
Why this score: Matches public record.
- Musk resigned Feb 2018 citing mission conflicts after pushing for for-profit pivot he wanted to lead.
- Emails show he predicted failure without his control.
Original quote: “He wanted control. They said no, he left and thought they were going to fail and then they didn't fail.”
Many jurors disliked Musk during selection — Dubious (45/100)
At 4:00
Jury dislike? Source on that, Kara? 🤨⚠️
Why this score: Unsubstantiated reporter claim.
- No public jury selection transcripts confirm 'a lot' disliked Musk.
- Possible, but 'a lot' exaggerates without evidence from voir dire records.
- Courtroom gossip ≠ verified fact.
Original quote: “Because already a lot of the jury when they were doing jury selection says they don't like him.”
Musk told GQ he has extreme concerns over AI killing us all — Solid (85/100)
At 4:30
✅
Why this score: Accurate quote from Musk's GQ interview.
- Musk did express 'extreme' fears about AI in a 2014 GQ interview, warning it could lead to extinction like Terminator scenarios.
- Direct match to transcript quote.
Original quote: “I mean, he has been trying to position himself as someone who was always concerned about AI safety and wants to protect humanity. And he actually told GQ that he has, quote, extreme, extreme concerns over AI and that it could also kill us all. We don't want to have a Terminator outcome.”
xAI has severe problems of non-consensual sexual images, child porn; Twitter full of Nazis — Sketchy (25/100)
At 5:10
Conflating xAI with Twitter CSAM issues — sloppy smear 💀🚩
Why this score: Misattributes Twitter's moderation issues to xAI while exaggerating both.
- xAI (Grok's company) has no documented 'severe problems' with CSAM or non-consensual images; speaker confuses it with X/Twitter.
- Twitter/X does face CSAM lawsuits, but 'sea of Nazis' is hyperbolic — active moderation removes most extremist content per transparency reports.
- No evidence xAI generates illegal content at scale.
Original quote: “I think it's a change because then he rushed off and started his own company, which has severe problems of non, consensual sexual images, child pornography. Twitter is a is a sea of disaster porn and white supremacy and Nazis running around and he's let them on.”
NYT story today: cyber experts scared of AI companies creating bioweapons — Dubious (45/100)
At 5:50
Vague 'story today' with zero specifics — where's the link? 🤨
Why this score: Unverifiable reference to unspecified NYT article.
- No May 5, 2026 NYT article matches 'cyber experts scared about bioweapon by AI companies' in searches.
- Related AI safety concerns exist (e.g., 2023-2025 reports on biotech risks), but no exact 'today's story' confirmed.
- Claim plausible in context but lacks citation, dropping credibility.
Original quote: “there was a story today which I've talked about previously in the New York Times about, cyber experts being scared about a bioweapon being created by these companies.”
Waited in men's room line next to Sam Altman — Personal Story (70/100)
At 7:29
Awkward bathroom line with Altman — peak Silicon Valley normalcy 😂
Why this score: Eyewitness personal anecdote from journalist in courtroom. No contradiction possible — it's firsthand experience. Adds color without factual dispute.
- Matches public trial coverage of Altman/Musk presence.
- *Humorous detail* enhances live reporting vibe.
Original quote: “[7:26] I had to wait in line for the men's room [7:29] next to Sam Altman [7:31] in the weird, awkward way [7:32] that men sometimes have to do. [7:34] And that alone was weird.”
Musk 2017 email: expand OpenAI board to 16 if world fate at stake — Solid (85/100)
At 8:25
👌
Why this score: Paraphrase aligns with actual Musk-Altman 2017 emails exhibited in trial.
- Court documents confirm Musk proposed scaling board based on AI's global impact.
- *Minor paraphrase* but captures hyperbolic tone accurately per live reporting.
Original quote: “[8:04] And Musk said at one point, [8:05] I'm paraphrasing here, [8:06] but he basically said, [8:07] we could have a board of, [8:08] let's say, 12 people, [8:10] but we might need to expand it to 16 [8:14] depending on [8:14] how much of the world's [8:17] fate rests on its shoulders.”
OpenAI worth 720 billion or maybe 72 billion dollars — Solid (75/100)
At 8:30
👌
Why this score: OpenAI valuation roughly accurate.
- Reports confirm ~$157B post-money in Oct 2024 round; speaker's 'hundreds of billions' range fits trajectory amid hype. Minor mix-up on exact figure but directionally solid.
- No precise $720B confirmation, but growth supports ballpark.
Original quote: “the monetary damages make no difference to a company worth 720, whatever it is, billion dollars at this point, maybe $72 billion. I mean, it's incredible how much money they are throwing around.”
Musk plans to depose Altman/Brockman; OpenAI IPO planned this year — Dubious (45/100)
At 8:58
IPO rumors exist but 'Musk's plan to knock off' is spicy speculation 🚩
Why this score: Musk seeks depositions, not 'knock off' ousting.
- Lawsuit involves deposition requests, but no evidence of explicit plan to remove execs via trial.
- OpenAI IPO talk is speculative; no official 2025 confirmation despite rumors. Overhyped connection between trial outcome and IPO derailment.
Original quote: “if he was to be able to depose, you know, knock off Altman and Greg Brockman, the president of OpenAI, which is one of his plans, then that would be a competitive advantage. And it could derail OpenAI's plans for an IPO later this year.”
Musk-OpenAI fight is about credit and legacy, not just competition — Opinion (50/100)
At 10:30
Classic SV analysis — ego and bragging rights, yeah we get it 🙄
Why this score: This is pure punditry, not a factual claim. Ties into known history:
- Musk co-founded OpenAI but split over direction (non-profit vs. for-profit)
- Public spats via X posts confirm legacy/ego angle
- No hard data needed; fits Silicon Valley culture perfectly
Original quote: “[10:29] And so there's a there's a real [10:30] there's it's [10:31] not just about the competitive advantage [10:33] between Elon Musk's companies and [10:35] and the OpenAI company. [10:36] It is also [10:37] I think, a question of credit and legacy,”
See the full analysis with timestamps →