Everyone Involved in the Musk vs. Altman Trial Is Utilizing Stylish Seat Cushions

The final stragglers provided their testimony on Wednesday during the Musk v. Altman trial. The witnesses largely kept things calm, with the notable exception of highlighting that Microsoft has invested over $100 billion in its partnership with OpenAI. Instead of dwelling on that, I wanted to share an observation that my colleague Maxwell Zeff and I have been discussing after nearly three weeks of observing the trial.

The courtroom is strewn with cushions.

Several of the rigid wooden benches on the right-hand side of US District Judge Yvonne Gonzalez Rogers’ courtroom are designated for the attorneys, executives, and other defense team members from OpenAI and Microsoft. Approximately ten individuals, including OpenAI CEO Sam Altman and general counsel Che Chang, have utilized thick black cushions—the most luxurious provided by the brand Purple; priced at $120 from Target—to spare them the discomfort of prolonged sitting. Some cushions boast rounded corners while others are square. On Wednesday, Chang even placed one behind his back, a less common yet not unheard-of maneuver in the courtroom.

OpenAI President Greg Brockman and his wife, Anna, have been present for a substantial portion of the trial—and both have been frequent users of pristine white pillows. Judging by the tags protruding from their seams, the pillows appear to be from the bedding brand Coop, which offers a two-pack of alternative down-filled throw pillows for $35.

On Wednesday, an OpenAI bodyguard brought a purple handbag into the courtroom, containing a pillow for each of the Brockmans. Anna allowed her husband just a moment to endure a pillow-less discomfort before she quietly passed one to him and then arranged her own. I felt a bit sorry for OpenAI chief futurist Joshua Achiam, who later occupied Brockman’s seat but did not have a pillow to use. (Achiam eventually secured one of the more standard black cushions.)

OpenAI had yet to respond to WIRED’s request for comment.

One seasoned technology attorney mentioned to WIRED that using cushions or pillows isn’t precisely “customary,” but added, “it’s not completely out of left field.” In his experience, he has never witnessed lawyers using pillows or cushions during trials, but then again, he’s “never been involved in a trial that has spanned as many days as this one.”

The primary litigators in this case sit in relatively plush leather chairs, though a few show signs of wear, suggesting the cushioning may not be as substantial as it appears.

My last visit to this courtroom for an extended period was in 2021 when I covered parts of the Epic Games v. Apple trial. Back then, attendance was restricted due to Covid concerns, so I had plenty of space to stretch out. This time, the courtroom has been nearly at full capacity—about 150 people—including bench seats for up to 90.

I contemplated bringing my own cushion roughly an hour into my first day of the trial at the end of April, because, honestly, those benches are incredibly uncomfortable. However, I hesitated to appear weak. None of the other two dozen or so reporters present—including one who is pregnant—seemed to bring cushions, at least initially. So, I endured six days with increasing discomfort in my bottom and back.

Last week, after a particularly grueling morning, I finally opted to bring some relief. I couldn’t locate the plush seat cushion designed for stadium bleachers, so I settled for a “cooling” cushion I received at the sweltering outdoor venues during the Tokyo Olympics. Almost immediately after using it for the first time on Wednesday morning, I deemed it counterproductive. It was too small and too thin to provide any comfort. My back particularly ached while I furiously typed notes about the Musk-inspired jackass trophy, which reportedly once had its own pillow.

Four hours in, I gave up on the pillow completely. However, I noticed a New York Times reporter who eventually succumbed, as well as the courtroom artist—who sported a particularly colorful cushion—stayed seated on theirs. Perhaps I’ll discover a better solution for next week, when Gonzalez Rogers will hear arguments regarding potential penalties.

Maxwell Zeff contributed to this report.

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