Musk Testifies xAI Used OpenAI Models for Training; Zilis Emerges as Key Figure in Trial

Elon Musk acknowledged in court that xAI partly used OpenAI's models to train its own, while testimony reveals Shivon Zilis's role as liaison.

Musk Testifies xAI Used OpenAI Models for Training; Zilis Emerges as Key Figure in Trial

Elon Musk testified in federal court on Thursday that xAI has used OpenAI’s models to train its own AI systems through a process called “distillation,” according to Wired and TechCrunch. When asked by OpenAI attorney William Savitt whether xAI had distilled OpenAI models, Musk responded “Partly,” after initially stating that “generally all the AI companies” engage in this practice, according to Wired.

According to TechCrunch, distillation is a technique where a smaller AI model is trained to mimic a larger, more capable model, making it cheaper and faster to run. Musk’s admission is notable because OpenAI has been working to prevent competitors from distilling its models, particularly Chinese AI labs, TechCrunch reported.

Meanwhile, testimony in the Musk v. Altman trial has highlighted the role of Shivon Zilis, a longtime Musk employee and mother to four of his children, according to Wired. Zilis joined OpenAI as an adviser in 2016 and served as a nonprofit board director from 2020 to 2023, Wired reported.

According to Wired, OpenAI’s lawyers presented evidence suggesting Zilis acted as a “covert liaison” between OpenAI and Musk even after he left the nonprofit’s board in February 2018. In a text message to Musk from February 16, 2018, Zilis wrote: “Do you prefer I stay close and friendly to OpenAI to keep info flowing or begin to disassociate?” Musk responded that she should remain “close and friendly,” according to the message cited by Wired.