Elon Musk
AFP News

Elon Musk's long-running feud with OpenAI reached an unusually intimate point in a California courtroom this week, when evidence revealed that Shivon Zilis, a senior executive at his companies and the secret mother of several of his children had quietly acted as a key go-between on AI strategy and governance from 2017 to 2023.

The news came after Zilis appeared in court on Wednesday as a witness in Musk's lawsuit against OpenAI and its leaders, a case in which he accuses the San Francisco-based lab of abandoning its original nonprofit mission and misleading him over its shift to a profit-driven structure.

For those who have only followed the AI story through product launches and headline-grabbing demos, the testimony opened a window into the behind-the-scenes politics that shaped the industry's most powerful player.

Musk, who co-founded and bankrolled OpenAI, is suing the company and its top executives over what he says was a breach of a charitable trust and unjust enrichment when they set up a for-profit arm and later took multibillion-dollar backing from Microsoft. Zilis was initially listed as a co-plaintiff, but the court heard she asked to be removed from the case before the trial began.

OpenAI has rejected Musk's claims and argues, in legal filings, that he repeatedly pushed for a for-profit structure himself and only turned litigious after failing to secure full control. Nothing has been finally adjudicated, so many of the claims on both sides remain allegations rather than established fact and should be treated with caution.

Elon Musk And AI Through Zilis' Messages

What made Zilis' appearance so awkwardly important was the picture it drew of her role behind the scenes. Evidence aired in court suggested she served as a conduit between Musk and OpenAI's leadership for years, not just while both were formally connected to the company but even after Musk left the board and stopped funding it.

One of the trial's central questions is whether Musk was cut out of the organisation he helped build, or whether he walked away after failing to bend it to his will. Zilis' testimony did not settle that argument, but it did show how entangled the personal and corporate relationships had become inside one of the most consequential AI disputes in the industry.

The texts entered as evidence were unusually blunt. After Musk had left OpenAI, Zilis messaged him asking whether he wanted her to stay 'close and friendly' with the company 'to keep info flowing' or begin to step back, adding that the 'trust game is about to get tricky.' According to her testimony, Musk told her to remain close while he planned to recruit OpenAI staff to Tesla.

OpenAI's lawyers used the same witness to press a different point. They argued that Zilis knew Musk was planning a competing effort before it was public and pointed to her resignation message, in which she wrote that when 'the father of your babies starts a competitive effort and will recruit out of OpenAI, there is nothing to be done.' Greg Brockman, OpenAI's president, also testified that Zilis had described her relationship with Musk as 'platonic,' and he said he did not know the full nature of that relationship until later.

Why Elon Musk's AI Case Turns On OpenAI's Mission

Zilis also gave Musk's legal team something useful. Under questioning from his lawyers, she said OpenAI's leadership had discussed many funding options in the early years, including structures that might have given Musk a majority stake, but she said the group never discussed replacing the nonprofit with a for-profit corporation. That distinction sits near the heart of Musk's case, which accuses OpenAI and Microsoft of violating the original charitable purpose of the organisation.

Yet her evidence was hardly a clean win for Musk. She had voted as a board member in favour of Microsoft's $10 billion investment, a deal Musk later criticised heavily, and she testified that her own view shifted only later, after that criticism and after Satya Nadella became involved in restoring Altman as chief executive in 2023.

In court, she said it seemed that the safeguards built into the nonprofit mission had somehow been 'ripped out' or had 'lost its teeth.' The personal history behind that testimony is difficult to ignore, even if the court is supposed to.

Zilis said she met Musk in 2016 through OpenAI, had what she called a 'one-off' romantic encounter with him, then developed a friendship and later took senior roles at Tesla, xAI and Neuralink. She told the court that Musk offered to father her children, that their twins were born via IVF in 2021, and that she had signed a confidentiality agreement that kept his identity secret until it was reported publicly in 2022.

By the time she stepped into the witness box this week, Zilis was not just another former insider with archived emails and messy recollections. She was a witness whose private life, boardroom role and professional loyalties had all collided in the same case, and whose explanation was that her conduct had stayed fixed on 'the best outcome of AI for humanity.' Whether the court buys that is one thing. Whether Silicon Valley finds it remotely convincing is another.