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News of the day

1. Elon Musk's lawsuit against OpenAI was dismissed due to statutes of limitations. The jury found he sued too late, barring his claims. He plans to appeal. Read more

2. Amazon launches Alexa Podcasts, an AI feature generating custom podcast episodes on demand, raising questions about AI content creation and ethics. Read more

3. Cybercriminals are industrializing operations using AI and automation. Enterprises face complex challenges from evolving threats, financial pressures, and geopolitical instability. Read more

4. AI luminary Andrej Karpathy joins Anthropic, prioritizing frontier LLM research over a return to OpenAI. This move highlights the competitive landscape of AI development. Read more

Our take

Hi Dotikers!

Yesterday, Arthur Mensch was turning a parliamentary hearing into a pitch for Mistral, warning France about its American shackles. Today, we cross the Atlantic to land in an Oakland courtroom, where another founder with a sizeable ego just got sent back to the ropes by a Californian jury. Elon Musk has lost his case against OpenAI, and not on the merits, but on a question of timing.

On Monday May 18, after three weeks of trial, the jury in Musk v. Altman delivered a unanimous advisory verdict, immediately accepted by Judge Yvonne Gonzalez Rogers. Musk sued too late. The statute of limitations is three years for breach of charitable trust and two years for unjust enrichment, and the jury found that he had reason to know about the drift well before 2021. The ousted co-founder, who poured 38 million dollars into the original non-profit version of OpenAI back in 2015, wanted to unwind the restructuring into a public benefit corporation and remove Altman and Brockman. He will appeal to the Ninth Circuit, but the damage is done.

The irony is delicious. Under oath, Musk admitted to his three phases, from enthusiastic fan to disillusioned believer to convinced prosecutor of an alleged looting. Except that in 2017 he himself proposed merging OpenAI with Tesla, and in 2020 he tweeted that Microsoft had captured the company. It then becomes hard to claim you only figured it out in 2022. The jury did not rule on whether Altman and Brockman actually misled him, only that their accuser dragged his feet for too long. For a man who built his brand on speed of execution, timing becomes a moral lesson.

Beyond the personal soap opera, the verdict gives OpenAI a precious piece of legal safety around its hybrid structure, just as Anthropic and xAI are nibbling at its market share. Altman walks away without ever having to argue the merits, which is probably the most comfortable outcome he could have hoped for. As for Musk, he is left with Grok, X, and the stinging memory of having funded the very competitor he hates most.

Silicon Valley's most impatient man has lost for showing up late. There is probably a metaphor in there somewhere.

G.

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