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May 7, 2026
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Musk’s greatest loyalist turned his greatest legal responsibility


I sat down within the Musk v. Altman trial courtroom at present, painfully conscious that nobody was going to ask Shivon Zilis the query on everybody’s minds: Lady, what the fuck are you doing?

Zilis, who testified underneath oath that she is the mom of 4 of Musk’s youngsters, was… what’s one of the simplest ways to characterize this? A Musk advisor? She denies she was a “chief of workers” however says she labored for Musk’s “whole AI portfolio: Tesla, Neuralink, and OpenAI” beginning in 2017. The 2 met by way of OpenAI, and so they had what she known as a “one off” earlier than turning into “pals and colleagues.” The “one off,” she confirmed, was “romantic in nature.”

Her job underneath Musk was “to go discover bottlenecks and resolve them,” and he or she claims to have labored 80 to 100 hours every week doing that. “It was simply bananas,” she mentioned. Her first two youngsters by Musk — twins — had been born in 2021, whereas Zilis was serving on OpenAI’s board. She stored this a secret. She didn’t inform the board who the daddy was till Business Insider reported on court documents that listed Musk as the daddy.

“My first name was to my dad,” mentioned Zilis, who testified that even her family didn’t know the kids’s paternity. “The decision proper after that was to Sam Altman.” Greg Brockman, OpenAI’s president, had testified he discovered about Zillis’ youngsters from information reviews. When he talked to her about it, she claimed her relationship with Musk was “platonic” and that she’d had children through IVF. This was reassurance sufficient for Brockman, who’d been pals along with her since 2013. She remained on the board.

On the stand, Zilis spoke softly and rapidly. She appeared mousy. A major a part of what made her testimony so unhealthy for Musk was that she seemed to be the one particular person taking notes on what Brockman, Altman, Ilya Sutsekever, and Musk had been discussing when the cofounders thought-about their choices for making a for-profit arm of OpenAI. She additionally was “aiding and facilitating communication between the principal events.” These notes are the trial’s most essential proof — extra essential, even, than Brockman’s diary.

The aim of the direct testimony gave the impression to be to take the sting out of what Zilis and the plaintiff’s legal professionals needed to know was coming. So she instructed the court docket that her function additionally meant telling Altman when Musk was “in a superb headspace” for a dialog — maybe inadvertently strengthening Brockman’s testimony yesterday that at one level he feared Musk would bodily assault him —whereas vehemently denying that she funneled data to Musk.

Look, she and Musk testified they lived collectively and have a romantic relationship and 4 children. She was initially a plaintiff within the go well with. She stored her youngsters’s paternity secret from her personal father. All of these issues could be motive sufficient to doubt her testimony about pondering OpenAI betrayed its mission through the chaos when Altman was fired by the board. She claimed that Microsoft CEO Satya Nadella mentioned one thing to the impact of “we’re above them, we’re beneath them, we’re round them” throughout that chaotic interval as being “terrifying.” (The quote was “We are below them, above them, around them.”)

However the notes are actually what did Musk’s case in. Strive as she would possibly, Zilis couldn’t clarify them away.

There have been a number of concepts batted round in 2017 and 2018. We noticed a number of Zilis’ emails from that interval. Notably in a single, an choice was “swap to for revenue in subsequent couple of weeks (woah quick!).” One other electronic mail famous {that a} “full non-negotiable” for Altman, Brockman and Sutskever “is an ironclad settlement to not have Elon (or anybody) have completely (sic) management of AGI they create.” In one other she wrote to Musk cash supervisor Jared Birchall, “They are saying they won’t transfer ahead and not using a assure to change away from him having management. You and I can argue that’s silly all we wish however they’re holding agency on it.”

“If he hung round E maybe it will drive him to consider humanity extra”

Zilis additionally knew about Musk halting donations earlier than OpenAI did. On August 20, 2017, she wrote, “Funding freeze: OpenAI is prone to notice this week that their $5M in Q3 is, albeit appropriately, on maintain. Uncertain how it will impression negotiations however needed to flag it because it’s prone to have an enormous psychological impression on them in the event that they discover out.” Musk instructed Brockman and Sutskever over every week later, on September 1st, that he’d pulled funding.

There have been different machinations:

  • At one level, Musk appeared to have advised that she, Sam Teller, and Birchall — two of Musk’s closest fixers — ought to all take seats on OpenAI’s board in order that Musk would have management of the nonprofit. Zilis wrote to Teller that she didn’t share that with the OpenAI staff.
  • In November 2017, Musk was pondering of making a “world-class AI lab” inside Tesla. To that finish, Musk supplied Altman a board seat at Tesla.
  • Zilis wrote an electronic mail to Musk saying that to save lots of him time she’d brainstormed some options for him. Three of them concerned creating AGI at Tesla. One was making OpenAI a public profit company subsidiary of Tesla. One was getting Altman as an “anchor” for TeslaAI.
  • My favourite of these options was: “Find a way to get Demis. Severely…. Demis actually does fanboy laborious and I don’t suppose he’s immoral… simply amoral. If he hung round E maybe it will drive him to consider humanity extra.”
  • After hiring Andrej Karpathy, Musk requested for an inventory of high OpenAI folks to poach.

We had already seen one among her textual content messages within the docket — the one the place Musk leaves the board and he or she asks him whether or not she ought to stay “shut and pleasant” to proceed funneling him data. In her direct testimony, she tried to place that within the context: “They had been going by way of this bizarre half-breakup,” she mentioned. However within the cross, we discovered that she didn’t do not forget that in her deposition.

“Your long-lost recollections have been recovered,” mentioned Sarah Eddy, the OpenAI lawyer, in one of many trial’s funnier moments. Positive, Musk’s staff objected and the objection was sustained, however all of us heard it. Actually, it was one among a number of instances Zilis appeared to have recovered recollections she didn’t have at her deposition, recollections that — coincidentally I’m positive — occurred to be good for Musk’s case.

To be truthful, Zilis carried out one of the best underneath cross examination of anybody we’ve seen thus far, however she doesn’t precisely come throughout as truthful. And there was much more motive to be skeptical of her after we found how she left the board, which — in accordance with her deposition — occurred “as a result of I picked up a name from Sam and he mentioned, ‘I’ve heard Elon is beginning a aggressive enterprise’ and I mentioned, ‘Nicely if that’s true, that is the time to resign.’”

Her major allegiance was and is to Musk

Mysteriously, she had forgotten that decision between the deposition and at present. However she did appear to know that Musk was transferring on AI when she texted a buddy, who was in her telephone as “Shahini Rubicon Fluffer.” (Unimaginable title. Thomas Pynchon will likely be so jealous.) “Must resign OpenAI board btw,” she wrote. “E’s effort has develop into well-known.” Her buddy didn’t appear stunned by the revelation. Zilis went on: “When the daddy of your infants begins a aggressive effort and can recruit out of OpenAI there may be nothing to be executed.”

Zilis added that Musk “proactively apologized that he had pruned my buddy community by way of this.”

Right here’s what it added as much as, so far as I’m involved: Her major allegiance was and is to Musk. To consider she didn’t find out about xAI, I must consider that regardless of their — on the time — three youngsters and the time he spent with them each week, he by no means mentioned it along with her. I don’t consider that. Who would? There’s sufficient proof in her assembly notes to recommend she routinely held again data from OpenAI on Musk’s behalf — xAI could be no totally different. I additionally don’t consider that she didn’t give Musk details about the Microsoft offers she permitted whereas sitting on OpenAI’s board.

Musk didn’t have an issue changing the entire of OpenAI to a for-profit or kneecapping the charity by recruiting its strongest researchers. He didn’t thoughts the thought of subsuming it into Tesla in any of a wide range of methods. The factor he did thoughts was not being in charge of it. That’s what I took away from Zilis’ texts and emails.

Brockman and the OpenAI board had been extremely naive to permit Zilis to proceed working there after studying of her twins’ paternity. However then, possibly nobody anticipated somebody so meek to be so devious. She was sensible sufficient to not elevate her voice or nitpick apparent questions throughout her cross-examination, so her bearing learn as extra reliable than anybody we’ve seen but. It’s simply that the general takeaway from her written communications is that she’s put Musk first in her life. Everybody else — together with, apparently, her personal father — comes second. So on the stand, you would possibly as nicely assume she’s saying what Musk desires to listen to too.

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