Elon Musk’s only expert witness at the OpenAI trial fears an AGI arms race

Published: (May 4, 2026 at 12:57 PM EDT)
3 min read
Source: TechCrunch

Source: TechCrunch

When do we take AI doomers seriously?

Elon Musk’s attorneys argue that OpenAI was founded as a charity focused on AI safety but lost its way in pursuit of profit. To support this claim, they cite old emails and statements from the organization’s founders about the need for a public‑spirited counterweight to Google DeepMind.

Expert witness

The defense called its only expert witness, Peter Russell, a University of California, Berkeley computer science professor who has studied AI for decades. His role was to provide background on AI and establish that the technology poses significant dangers.

Russell co‑signed an open letter in March 2023 calling for a six‑month pause in AI research. In a notable coincidence, Musk also signed the same letter while launching xAI, his own for‑profit AI lab.

During testimony before jurors and Judge Yvonne Gonzalez Rodgers, Russell identified a variety of risks associated with AI development, including:

  • Cybersecurity threats
  • Misalignment problems
  • The winner‑take‑all dynamics of pursuing Artificial General Intelligence (AGI)

He emphasized the tension between the pursuit of AGI and safety. However, objections from OpenAI’s attorneys led the judge to limit Russell’s testimony, preventing him from fully airing his broader concerns about the existential threats of unconstrained AI. Russell has long criticized the arms‑race dynamic created by frontier labs worldwide and has called for tighter government regulation.

OpenAI’s attorneys focused their cross‑examination on the fact that Russell was not directly evaluating the organization’s corporate structure or specific safety policies.

Corporate greed vs. AI safety

The case raises the question of how much weight to give the relationship between corporate greed and AI safety concerns. All of OpenAI’s founders have publicly warned about AI risks while simultaneously emphasizing its benefits and pushing for rapid development through for‑profit enterprises they control.

From an external perspective, a clear issue is the growing realization within OpenAI that substantial compute resources were necessary for success—resources that could only be obtained from for‑profit investors. The founders’ fear of AGI being concentrated in a single organization drove them to seek capital, ultimately contributing to the arms race that characterizes today’s AI landscape and leading to this lawsuit.

National‑level dynamics

A similar dynamic is playing out at the legislative level. Senator Bernie Sanders has proposed a law imposing a moratorium on data‑center construction, citing AI fears expressed by Musk, Sam Altman, Geoffrey Hinton, and others. Hoden Omar of the trade organization Center for Data Innovation objected to Sanders, telling TechCrunch that “it is unclear why the public should discount everything tech billionaires say except when their words can be recruited to fill gaps in a precarious argument.”

Both sides of the case are asking the court to take parts of Altman’s and Musk’s arguments seriously while discounting the portions that are less useful for their legal strategies.

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