Elon Musk and Mark Zuckerberg have a complicated history. In 2023, the two vowed to fight each other in a cage match that never happened. But by early 2025, when both were cozying up to the newly-elected President Donald Trump, they were apparently on more friendly terms.
In February of that year, Zuckerberg texted Musk approvingly about his work with the now-defunct Department of Government Efficiency (DOGE). “Looks like DOGE is making progress,” the Meta CEO texted. “I’ve got our teams on alert to take down content doxxing or threatening the people on your team. Let me know if there’s anything else I can do to help.”
The texts, which were published Friday in court documents as part of Musk’s lawsuit against Sam Altman and OpenAI, are dated February 3, 2025. That’s just a few weeks after Zuckerberg announced Meta’s pivot away from content moderation in favor of “free expression.” It’s also the same day that a US Attorney said he would protect DOGE employees from “disgruntled” critics.
Musk responded to Zuckerberg’s message with a heart and followed up with an unrelated topic: OpenAI. He asked Zuckerberg if he was “open to the idea of bidding on the OpenAI IP with me and some others.” Zuckerberg asked to “discuss it live” and Musk said he would call the next day. Previous documents disclosed in the case show that Musk had invited Zuckerberg to help him buy OpenAI, though he never officially signed on to the bid.
In a separate filing also made public Friday, Musk’s lawyers argued that his exchanges with the Meta CEO ought to be excluded from the lawsuit. “Musk’s personal relationships and communications – including with other high-profile individuals – are also tangential and prejudicial,” they wrote. “Defendants included in their exhibit list for trial, for example, several private exchanges between Musk and Mark Zuckerberg discussing Musk’s political activity and this lawsuit. Those recent communications have nothing to do with Musk’s claims and are nothing more than Defendants’ attempt to stoke negative sentiments toward Musk because of his association with Zuckerberg.”
A Meta spokesperson declined to comment.
In the same filing, Musk’s lawyers also take issue with Altman’s lawyers asking about Musk’s alleged ketamine use and his attendance at Burning Man. A transcript from a video deposition with Musk indicated he was asked if had taken “rhino ket” at Burning Man in 2017. Musk said no, according to the transcript.
“Any implication that music festivals or drugs have any relevance to this case is outlandish, and how Musk spends his free time is equally irrelevant,” his lawyers wrote. A judge ruled earlier this month that OpenAI’s lawyers would be permitted to ask “limited” questions about Burning Man, but not ketamine.
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