Musk Testifies xAI Used OpenAI Models to Train Grok

Elon Musk testified Thursday in California federal court that his artificial intelligence company xAI partly used OpenAI models while training its Grok chatbot, according to TechCrunch. The admission represents a rare public acknowledgment by a major AI developer of a practice under growing scrutiny. Musk made the statement during his ongoing lawsuit against OpenAI, CEO Sam Altman, and co-founder Greg Brockman, where the trial began this week.

Lawsuit Context and Testimony

Musk is suing OpenAI over the company’s shift away from its original nonprofit mission. During questioning in the federal court proceeding, Musk was asked whether xAI used distillation techniques on OpenAI models. He reportedly said the answer was “partly” and described the approach as a broader industry practice.

Musk co-founded OpenAI in 2015 with Sam Altman, Greg Brockman, Ilya Sutskever, John Schulman, and Wojciech Zaremba as a nonprofit focused on developing artificial intelligence for the benefit of humanity. Musk left the company in 2018.

What Is Distillation?

Distillation refers to training a new AI system by querying an existing model through its public interface or API and using those outputs as learning signals. Musk’s testimony indicates that the method is being used by U.S.-based AI companies, not only foreign competitors.

In February, Anthropic accused several Chinese AI developers of using fraudulent accounts to extract large volumes of responses from its Claude chatbot to train competing systems. Earlier this month, the White House warned of “industrial-scale” campaigns using proxy accounts and jailbreaks to replicate U.S. AI capabilities.

Legal Status Remains Unclear

The legal boundaries around distillation remain unclear. Distillation is not explicitly illegal, but it can raise questions about whether it violates platform rules or terms governing API use.

Market Context

Launched in July 2023, xAI entered a market that included Google, Microsoft, and OpenAI, companies with larger teams and more established infrastructure. Earlier that year, Musk and other tech figures signed an open letter calling for a six-month pause on developing more advanced AI systems, citing potential risks. Musk’s remarks suggest the company may have used his former company’s technology to close the gap.

OpenAI and xAI did not immediately respond to requests for comment.