Musk lays out his souring relationship with OpenAI in a second day of testimony

 

A courtroom sketch shows Elon Musk on the stand to testify in his lawsuit against OpenAI, its executives and Microsoft over OpenAI’s decision to start a for-profit subsidiary on April 28 

Vicki Behringer for CNN

Oakland, Calif. —  

Elon Musk sparred with OpenAI’s attorney under cross examination on the second day of his testimony, as lawyers for both sides zeroed in on his souring relationship with the organization that kicked off the AI race.

Musk claims OpenAI betrayed its initial nonprofit mission when it changed its corporate structure; OpenAI, for its part, claims Musk’s suit is meant to derail its position as a competitor to his own artificial intelligence company, xAI.

Musk’s attorney presented previous communications between the billionaire and OpenAI’s leaders, including CEO Sam Altman, aiming to support allegations that the ChatGPT maker misled him. And OpenAI’s attorney, William Savitt grilled Musk on his contributions to the company and whether it was his idea for OpenAI to pursue profits. The exchanges grew tense at times, with Musk being asked by Savitt to stick to “yes” or “no” answers.

Musk will take the stand for a third-straight day on Thursday. OpenAI’s attorneys will finish cross-examination, and Musk’s attorney will then ask a second round of questions.

The trial comes as OpenAI is planning what could be a blockbuster IPO – and potentially a cash infusion that could help the company cement its early lead in a global race to dominate AI.

‘I was a fool,’ Musk says

Much of the early questioning on Wednesday focused on early internal emails between Musk and OpenAI executives including Altman and President Greg Brockman who were present in court, over possible plans to include a for-profit structure.

Musk said he was fine with a for-profit “as long as it was a subsidiary of the nonprofit.”

“What you can’t have is the for-profit become the main event, and that’s what we have here,” he told the court.

Musk was questioned about his direction of the head of his family office, Jared Birchall, to register a for-profit public benefit corporation in 2017 in OpenAI’s name, saying he did so “in case it was needed.”

In emails presented as evidence, Musk was also shown saying he needs to have control of the proposed corporation.

“I needed to make sure it would go in the right direction and I was providing almost all the money,” he told the court.

When the other co-founders expressed concern over such a set up, Musk told the court he believed they had “gone back on what they had previously agreed” and “what they really wanted to do is create a for-profit where they had as much shareholder ownership as possible.”

In another email presented as evidence, Musk told the cofounders that he would “no longer fund OpenAI until you make a firm commitment to stay nonprofit.”

“I was a fool,” he told the court. “I gave them free funding to create a startup.”

Microsoft’s involvement in OpenAI’s growth has also been central to Musk’s complaint. OpenAI in 2022 announced a $10 billion investment from Microsoft that valued the company, now with a for profit subsidiary, at $20 billion. It was then, Musk told the court, that he’d “lost trust in Altman” and grew concerned that “they were really trying to steal the charity.”

Musk messaged Altman a link to an article about OpenAI’s valuation in 2022, evidence presented to court showed, and told the court he felt it was “a bait and switch.”

Altman’s response to Musk’s text from 2022 read “I agree this feels bad. We offered you equity when we established the cap profit, which you didn’t want at the time. We are still very happy to do any time you’d like.”

Savitt tried to point out inconsistencies between Musk’s statements in court and those on X, his social media site, from whether Tesla was working on artificial general intelligence to how much he actually gave OpenAI. Savitt also pressed Musk, critically, on whether he ever proposed that OpenAI form a for-profit arm, pointing to emails and meeting notes where Musk appeared to say OpenAI needed a for-profit aspect in order to compete against Google.

Savitt’s line of questioning led to a particularly tense interaction between Musk, Savitt and US District Court Judge Yvonne Gonzalez Rogers.

“Your questions are not simple. They are designed to trick me, essentially,” Musk told Savitt when responding to “yes” or “no” questions. Musk tried to compare his line of questioning to the classic loaded question of “have you stopped beating your wife,” but Rogers cut him off, saying they were “not going to go there.”

A legal battle over the future of AI

In his first day of testimony, with OpenAI CEO Sam Altman watching across the courtroom, Musk laid out a case that he had the key role in creating OpenAI. The company was meant to benefit all of humanity, with open-source code that would make it the antithesis of companies meant only to benefit their shareholders.

OpenAI’s creation, Musk said, was borne out of his longstanding concerns about AI and how the technology could be used to harm humans, perhaps even deeply.

And Musk, known for his sense of drama and sweeping promises in his own business ventures, said his case could also undermine the entire foundation of charitable giving in the United States should he lose.

OpenAI’s chatbot, ChatGPT, has made it a household name, with CEO Sam Altman among the most famous Big Tech leaders in the world. But Musk, the world’s richest man, is himself a major tech leader. Their clash has pitted two high-profile men with seemingly different visions of artificial intelligence in one of the few places where their money and celebrity hold less power than in global markets, research circles or the media: a courtroom.

The nine-person jury, selected on Monday, will advise US District Court Judge Yvonne Gonzalez Rogers as she decides whether to apply Musk’s requested remedies, including reversion of OpenAI to its nonprofit structure; the removal of Altman and OpenAI President Greg Brockman from the board; and $130 billion in damages, to go to OpenAI’s nonprofit foundation.

Already, Judge Rogers has made clear that she intends to brook no nonsense from the rich, powerful men in her courtroom. Before testimony began Tuesday, she called out both sides for their social media posts on the case.

“All of you try to control your propensity to use social media to make things worse outside this courtroom,” she said. “Let’s let this play through. Perhaps you’ve never done that before. This would be a first.”

This story has been updated with additional information.

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Chinese man jailed after trying to smuggle 2,200 ants out of Kenya in his luggage

 

Samples of now-dead garden ants inside plastic containers are presented at the Jomo Kenyatta International Law Courts in Nairobi, Kenya. 

Monicah Mwangi/Reuters

Nairobi, KenyaReuters —  

A ​Kenyan court on Wednesday ordered a Chinese ⁠man to pay a fine of 1 ​million shillings ($7,746) and gave him a 12-month jail term for trying to smuggle live ants out of the country.

The magistrate in the case said a stiff sentence was needed as a ⁠deterrent, given a spate of cases in Kenya of ant-trafficking.

It serves markets, such ​as China, where enthusiasts have paid large sums to maintain ant colonies in large transparent vessels known as ⁠formicariums that allow them to study the species’ complex social structures and behaviors.

Chinese national Zhang Kequn was arrested last month at Nairobi’s main international airport with more than 2,200 live garden ants in his luggage.

Zhang Kequn stands outside the courtroom in Nairobi before his sentencing on Wednesday. 

Monicah Mwangi/Reuters

Zhang’s lawyer said he would ⁠appeal against his sentence.

He initially pleaded not guilty to charges including dealing in live wildlife species but ‌later changed his plea to guilty.

“Noting the increasing ​and rising cases of dealing in large quantities of garden ants and the negative ecological side effects of massive harvesting, there ​is ⁠a need for a stiff deterrent,” magistrate ‌Irene Gichobi said.

Kenyan wildlife officers sort live queen garden ants being exhibited in court in Nairobi last month. 

Andrew Kasuku/AP

A Kenyan man, Charles Mwangi, ⁠was also charged in the case, accused of supplying the ants to Zhang.

Mwangi has pleaded not guilty and is out on bail. His case was not before the court on Wednesday.

Last year, four men were fined 1 million shillings each ⁠for trying to traffic thousands of ants. Wildlife experts said at the ‌time that the case signaled a shift in biopiracy from trophies like elephant ivory to lesser-known ⁠species.

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The Psychology Behind High-Performing Native Ads

 

In today’s crowded digital space, grabbing attention requires more than just a great product – it’s about understanding exactly what makes people click, engage, and convert. The most effective native ads don’t just look good; they tap into key psychological triggers that drive action.

At Dianomi, we’ve spent years analyzing what makes native ads successful. We’ve fined-tuned strategies that consistently deliver qualified clicks and higher conversions. Here are some of the most effective psychological principles behind top-performing native ads.

Key Elements of High Performing Native Ads

1.Creating a sense of urgency

People are wired to respond to scarcity. When an ad conveys that time is running out or an opportunity is limited, it triggers an emotional response that encourages immediate action. People want what they believe they can’t have for long, making urgency or exclusivity a powerful tool.

In fact our data shows that ads featuring time-sensitive words like “ASAP” saw a 171% high click-through rate than those without urgency-driven language.

Example: “Last Chance: Secure Your Spot at Our Investment Summit”

Why it works: Words like “last chance” and “secure your spot” create FOMO (fear of missing out), compelling users to act immediately.

2. Asking a question

People are naturally drawn to answering questions – it triggers curiosity and self-reflection. When an ad asks something personally relevant, users are more likely to engage.

Instead of simply stating “Plan for retirement today,” an ad that asks, “Are you saving enough for retirement?” makes people stop and think, increasing click-through rates.

Example: Are You Saving Enough for Retirement?

Why it works: This taps into self-doubt and curiosity, encouraging users to engage for answers.

3. Managing expectations

Consistency is key. If your ad promises one thing but your landing page delivers another, users will feel mislead – leading to higher bounce rates. Aligning your ad message with your landing page builds trust, credibility, and engagement.

Example: If your ad promotes “5 Investment Strategies for 2025”, your landing page should immediately deliver those five strategies – not an unrelated sales pitch.

Why it works: A seamless experience keeps users engaged and reduces drop-off rates.

4. Calling out your audience

Ads that directly identify the target audience feel more personal and relevant. When people see themselves reflected in an ad, they’re more likely to pay attention and take action.

For example, our data shows that ads that directly call out CEOs have outperformed others, with 34.6% higher engagement rate.

Example: Mistakes Every CMO Should Avoid

Why it works: This makes the ad feel tailor-made for the reader, increasing the likelihood of engagement.

5. Utilizing numbered lists

List-based headlines set clear expectations and make content feel structured and easy to consume. Readers know exactly what they’ll get, which increases engagement.

Example: 5 Strategies to Maximize Your Retirement Savings

Why it works: Numbered lists promise quick, digestible insights, making users more likely to click.

The Role of Context: Why Ad Placement Matters

Even the most compelling ad creatives won’t perform well if they’re placed in the wrong environment. While these psychological tactics help capture attention and drive engagement, their success hinges on where the ads appear.

A well-crafted message is only effective if it reaches the right audience in a setting that enhances trust and credibility. Ads placed within premium, contextually relevant environments not only increase visibility but also drive higher-quality interactions.

At Dianomi, we understand that context is just as important as content. By leveraging placements on trusted financial, business, and lifestyle publications, we align your message with content that matters to your audience – maximizing engagement and performance.

Additionally, when working with Dianomi directly, you’ll have a dedicated account manager who actively monitors performance, refines targeting, and optimizes for the best-performing creatives. This ensures your campaign drives not only clicks, but real conversions.

Maximize Your Native Ad Impact Today

At Dianomi, we don’t just drive clicks – we drive conversions. Our data-driven approach ensures your ads reach the right audience, in the right environment, at the right time.

Ready to optimize your native ad strategy? Let’s talk. Contact us today to start maximizing your campaign performance.

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Where You Advertise Matters: Unlocking Trust Through Premium Digital Media

 

Every marketer has faced the familiar challenge of how to balance efficiency with credibility. There are millions of websites, countless channels, and endless ways to reach your audience – but not all impressions are created equal. 

Two recent studies reaffirm exactly what Dianomi has built its business around for years: quality context drives quality outcomes. 

• The Trade Desk’s The Premium Payoff report found that ads in premium media environments lift purchase intent by 40% and are 50% more effective at building positive brand perceptions compared with lower-quality placements. 
• Mozilla Ads and Advertising Week’s survey revealed that advertising in trusted, brand-aligned environments significantly boosts credibility, engagement, and long-term value for brands. 

Simply put, where your brand appears matters just as much as what it says. 

For marketers looking to balance performance with prestige, Dianomi provides exclusive access to premium digital environments across the world’s most trusted publishers – delivering trust, engagement, and meaningful business impact.

What Makes Media “Premium”?

Premium media isn’t just about placements – it’s about the experience surrounding your ads. According to the Trade Desk report, premium media has two defining qualities: strong brand affinity and high-quality content environments. It’s the combination of credibility, relevance, and thoughtful ad integration that captures attention and fosters trust. 

Audiences respond most strongly to: 

• Credibility and trustworthiness. People engage more with content from sources they respect.
• Seamless ad experiences.  Ads that feel natural, relevant, and non-disruptive.

Dianomi builds campaigns in these premium environments because context drives impact. Every impression is more than a number – it’s an opportunity to strengthen trust, awareness, and engagement with your target audiences.

Connecting with Consumers in Premium Environments

Premium environments naturally attract audiences who are more selective, more engaged, and more valuable to brands. These individuals are:

• Highly engaged. They actively seek out credible information and spend meaningful time with it, rather than scrolling passively.
• High-intent. They come to premium publishers with a purpose: whether researching, evaluating options, or making confident decisions.
• Affluent and influential. This includes professionals, investors, and consumers who value expertise, quality, and trustworthy guidance.

These are highly-quality consumers who are attentive, thoughtful and more likely to take action. Campaigns in these environments consistently deliver stronger brand lift, deeper trust, and long-term loyalty because they meet people in the moments that matter most.

The Trust Advantage 

Trust is no longer optional – it’s a competitive advantage. According to Mozilla Ads and Advertising Week: 

• 78% of marketing leaders see brand trust as a differentiator. 
• 95% prioritize platform reputation for safety, credibility, and responsible data practices. 
• 60% actively consider platform alignment with their brand values when deciding where to advertise. 

Advertising in trusted, premium environments allows brands to tap into the platform’s credibility, reducing skepticism and increasing engagement. 

Dianomi’s carefully curated, brand-safe network across globally recognized publishers makes it easy for advertisers to consistently operate in high-trust environments by offering access to exclusive premium inventory. Combined with clear and reliable campaign reporting, marketers can measure performance with confidence while maximizing the halo effect of trusted publishers. 

Dianomi: Your Gateway to Premium Digital Advertising

Cheap reach might feel efficient, but it comes at the cost of trust, engagement, and long-term brand equity. The Trade Desk and Mozilla studies confirm that when ads appear in trusted, high quality environments, they perform better. Premium environments consistently deliver stronger engagement, higher purchase intent, and lasting brand value – while still supporting performance goals. 

With access to the world’s most respected publishers, Dianomi empowers marketers to: 

• Engage audiences meaningfully with native, non-disruptive ad formats.
• Reach high-quality, affluent readers in business, finance, and lifestyle.
• Deliver measurable business impact with transparent, data-driven insights
• Combine performance and prestige, supporting both ROI and long-term brand equity

With Dianomi, brands don’t just reach audiences – they earn attention, trust, and loyalty in environments that elevate their message. 

Ready to reach high-value audiences in trusted environments? Get in touch with the Dianomi team at enquiries@dianomi.com to learn more.

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Why Native Video Belongs in Your Marketing Mix

 

Consumer attention is harder to earn than ever, and audiences are increasingly selective about what they engage with. Formats that can communicate brand value quickly and clearly have a distinct advantage, and native video consistently proves to be one of them. 

What Is Native Video Advertising?

Native video advertising refers to video placements designed to integrate naturally within the surrounding content. Rather than interrupting the user experience, native video appears in-feed or alongside editorial content, matching the look and feel of the platform it appears on.

The defining difference is choice. Native video allows audiences to decide whether to engage, scroll past, or return later. This choice leads to more intentional, high-quality attention.

The Shift Toward Video-First Consumption

Audience attention has steadily shifted toward video, particularly on mobile. People are spending a growing share of their time watching video as part of their everyday content consumption. According to Cisco’s Visual Networking Index, video now accounts for approximately 80% of global internet traffic, reflecting just how central video has become to the digital experience.

As a result, marketing strategies that treat video as optional are increasingly misaligned with how people consume content. As audiences gravitate toward visual, in-feed formats, brands that rely solely on static placements risk being overlooked.

Why Video Delivers Higher Engagement

Video performs well because it aligns with how people process information online. It naturally holds attention longer than text or images and allows brands to communicate more within a single moment. Once someone is watching, you have a window to convey nuance, context, and emotion that a headline alone can’t deliver.

This is one reason why marketers continue to invest in video. In 2023, Wyzowl found that 84% of people said a brand’s video influenced their decision to purchase, underscoring video’s effectiveness in driving action.

That doesn’t mean that every video automatically performs. Execution and distribution still matter. When done correctly, video remains one of the most effective formats for creating engagement. 

Video also successfully achieves something that text often can’t: it makes brands feel more real.

Whether it’s a spokesperson, a founder, a customer story, or a simple product demo, video adds a human layer to the brand that audiences respond to. In a digital environment filled with repetitive content, human and authentic moments tend to stand out – and build trust.

What This Means for Marketers

If video is how audiences prefer to consume content, how that video shows up matters just as much as the format itself. Video shouldn’t sit on the sidelines as a “nice-to-have.” It should be built into strategy, not just as an awareness tool, but as a way to improve understanding, engagement, and brand recall.

The brands succeeding with video tend to do a few things well:

• They keep the message simple and focused on a single takeaway
• They design for sound-off viewing (captions and on-screen text)
• They invest in  distribution as deliberately as production
• They place video in environments where it feels relevant, not disruptive

Delivering Native Video at Scale

For many brands, the challenge isn’t creating video, but placing that video in environments where it can genuinely earn attention.

Dianomi enables brands to distribute native video across its premium publisher network, placing video within editorial environments where audiences are already actively consuming content. Instead of forcing attention, native video appears naturally alongside relevant articles, allowing audiences to choose when and how they engage.

This approach reflects how people engage with content today. .Across the Dianomi network, we see: 3.4x higher VCR on 15-second video compared to industry benchmarks.

Native video works best when the format aligns with real consumption habits and when it appears in the right moments, alongside relevant editorial. 

Ready to turn native video engagement into measurable brand impact?

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