Musk Admits Under Oath: xAI Used OpenAI Model Distillation to Train Grok

Testimony Details

On day four of the Musk v. Altman trial on April 30, 2026, Elon Musk testified under oath that xAI used distillation techniques on OpenAI's models to help train Grok. He described the practice as "general in the AI industry."

Legal Implications

Terms of service risk: OpenAI's terms explicitly prohibit using model outputs to train competing models

Self-contradiction: Musk is suing OpenAI for allegedly betraying its nonprofit mission, yet his testimony suggests xAI may have violated OpenAI's own usage policies

Industry-wide precedent: The "general practice" framing opens a broader legal debate about whether model distillation constitutes infringement

Case Background

Musk filed suit against OpenAI, Altman, and Brockman alleging that OpenAI's transition to a for-profit structure violated its founding nonprofit mission. The admission may provide the defense with leverage and complicate Musk's standing in the case.

Source: TechCrunch, MIT Technology Review