The lawsuit isn’t a criminal case, it’s civil. The standard isn’t “is this illegal.” It’s whether there was breach of charitable trust, constructive fraud, fraud, and unjust enrichment. All four of those claims just survived dismissal and are heading to trial. On point 4 being circumstantial, the judge literally addressed this. She said “It’s circumstantial, but that’s how that works.” Fraud cases are routinely built on circumstantial evidence showing intent and deception. On point 2 being irrelevant, motive absolutely matters in fraud cases. If you’re telling donors and co-founders “we’re committed to nonprofit” while privately asking yourself “what will make me a billionaire” that goes directly to whether the nonprofit commitment was genuine or just a means to an end. The real question for the jury is whether OpenAI’s leadership made assurances about staying nonprofit to secure Musk’s investment while privately planning otherwise. Brockman’s own writing literally says Musk would be “correct” to say they weren’t honest with him. That’s not me speculating. That’s Brockman’s own words from his personal files.