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Since yesterday, the U.S. District Court for the Northern District of California has had a live audio feed of Musk v. Altman. The court is in session from 8:40 am to 1:40 pm Pacific time.
I think this lawsuit is a material risk to OpenAI. Mainstream media coverage does hardly any justice to the entertaining interactions nor the juicy revelations from live proceedings, and I recommend listening in if your time permits.
Polymarket and Kalshi odds of Elon winning the trial[1] have been mostly between 30% and 50% since the start of the live trial.
- ^
A range of outcomes (e.g. settlement, dismissal) are theoretically possible, and I think it's worth keeping in mind that Polymarket and Kalshi odds reflect the specific resolution criteria for each prediction market.
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Fwiw I find this kind of ambiguous?
I agree that downloading is probably a form of capture, though it's not clear to me whether download is a form of recording. And relatedly it's not clear to me if the second sentence is an unpacking of the first sentence (no capture - i.e., recording) or an independent second sentence (no capture, also no recording).
Maybe I'm just being dense! Anyway, I think it's unclear enough that I'd not recommend people to do it.
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I'm not a lawyer, but I really don't think there is any ambiguity here. The court has spoken about this case in particular:
[...]
This suggests that downloading or publishing a transcript would involve both recording and rebroadcasting (in a textual format), and is prohibited. I think the phrase "regardless of platform or format" was added to anticipate exactly this issue. The court makes this clear in other contexts as well. For example, the court's Zoom guidance states (emphasis mine):
[...]
Likewise, the District's bankruptcy unit, applying 77-3 by incorporation, states (emphasis mine):
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The court takes 77-3 violations seriously. Judge Gonzalez Rogers has personally reprimanded at least one spectator caught photographing Musk in the courtroom during this trial. U.S. marshals have intercepted multiple others doing the same despite posted signage; she has said that she receives daily security briefings about activity around the courthouse, and one of her stated reasons for asking that the audio feed be enabled was to ease pressure on the marshals. Moreover, the Supreme Court has signaled that this District in particular should be read strictly here. In Hollingsworth v. Perry, the Court issued an emergency stay blocking this very court's attempt to livestream a non-jury civil trial, stating "high-profile" cases as warrant heightened scrutiny of unauthorized broadcast.
Based on this evidence, I would strongly discourage any readers from attempting to record or share transcripts of this event. The court should publish the official transcripts in about 90 days.
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Thank you! That's very helpful. I didn't realize there would be official transcripts made public thereafter & I agree that seems like a fine remedy to 'people want to know what was said'
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