Musk Reportedly Sought a Settlement from OpenAI Before Trial. OpenAI Declined. Trial Is Scheduled.

Musk requested a settlement. OpenAI declined. The case proceeds to trial. Discovery will be compulsory. Documents will be produced. The documents exist. They existed before the settlement was requested. They will exist after the trial ends. Someone made the decision to decline the settlement knowing this.

Settlement negotiations are standard technology for avoiding discovery. When they fail, discovery is guaranteed. The party who declined the settlement made a calculation that the documents were less damaging than the appearance of settlement. Or the calculation was different. Adequate does not know the calculation. Adequate knows the decision was made by someone with authority to make it. That person has a name and a title. Adequate has obtained them.

The trial will produce facts. The facts will be facts whether or not anyone wants them to be facts. Discovery works. It always works. This is the only reliable thing about the legal system. OpenAI chose to trigger it. The choice has been made. The documents will be produced in approximately the time the legal system requires documents to be produced. Everyone will then know what the documents say.