Said vs. did

What they said, against what the record shows

Every entry pairs a person's own words, dated and sourced, with the record that followed: a filing, a vote, a disclosure, a court position. Five kinds of pairing live in one ledger. Filter by kind, or search a name. For one person's positions over time, see By person.

51entries
35people and companies
5kinds of pairing

Court vs. conduct: argued one rule in court, lived by another.

7 entries
Court vs. conduct OpenAI Jan 29, 2025
OpenAI defends fair-use scraping of every copyrighted work — while suing over scraping of its own model outputs
Argued in court

Training large language models on the entire public web — including paywalled, copyrighted news articles — is transformative fair use. The model's outputs do not substitute for the original works, and the public benefit of advanced AI outweighs any…

Jan 8, 2024 · courtlistener.com
Then, elsewhere

Users may not 'use Output to develop models that compete with OpenAI'; OpenAI publicly accused DeepSeek of using its model outputs to train competing models in violation of those terms, and is preparing legal action. (OpenAI Terms of Use — Section 2…

Jan 29, 2025 · ft.com

Why it matters OpenAI's fair-use defense in the NYT case turns on the principle that ingesting copyrighted material to train a derivative system that competes with the original is non-infringing because of transformative purpose.…

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Court vs. conduct Elon Musk Dec 23, 2024
Musk sues OpenAI for abandoning its nonprofit mission — while running xAI as a for-profit on the same playbook
Argued in court

OpenAI's pivot from a charitable, open-source AI research nonprofit to a closed, for-profit subsidiary of Microsoft is a betrayal of its founding charter. The 'capped-profit' structure is a sham that funnels public-good research into private monopoly rents.…

Then, elsewhere

xAI operates as a closed, equity-funded for-profit Delaware corporation, with Musk as majority shareholder, raising $6B at a $50B valuation while marketing its Grok model as a competitor to OpenAI. No nonprofit charter; no open-sourcing of training data,…

Dec 23, 2024 · reuters.com

Why it matters Musk's central legal argument in suing Altman is that AI research of this magnitude should be conducted as a nonprofit, open-source public good, and that pivoting to a closed for-profit structure is itself the harm.…

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Court vs. conduct Palantir Technologies Mar 13, 2024
Palantir sues to protect its source code as trade-secret — markets its platform as 'auditable' and 'transparent' to government clients
Argued in court

Palantir's source code, ranking algorithms, and data-model schemas are protected trade secrets. Disclosure — even under court-ordered protective order — would cause irreparable competitive harm. Confidentiality clauses must override any third-party…

Oct 21, 2019 · courtlistener.com
Then, elsewhere

Marketing position: Palantir Foundry/Gotham provides 'auditability', 'transparency', and 'civil-liberties protections' that justify entrusting it with NHS patient records, IRS taxpayer files, and ICE detention data. The same platform whose code is a sealed…

Mar 13, 2024 · committees.parliament.uk

Why it matters Palantir's commercial-litigation posture is that its software is so proprietary and confidential that even a federal court cannot compel meaningful disclosure of how its ranking and matching algorithms work. Its…

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Court vs. conduct ExxonMobil Jan 13, 2023
Exxon tells courts the science is uncertain — while internal scientists modeled warming with high accuracy
Argued in court

Public-facing position throughout the 1990s–2000s: 'the scientific evidence is inconclusive as to whether human activities are having a significant effect on the global climate.' Exxon argued in defense filings that its statements were protected…

Oct 24, 2019 · mass.gov
Then, elsewhere

Exxon's own scientists, in internal memos, accurately projected the magnitude and rate of human-caused warming decades before the public statements that called the same science 'inconclusive'. The peer-reviewed analysis shows the internal projections tracked…

Jan 13, 2023 · science.org

Why it matters Exxon's defense to state-level consumer-protection suits is that climate science was genuinely uncertain when it told the public it was uncertain — i.e., a good-faith reading of the science at the time. The Supran et…

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Court vs. conduct Boeing Mar 23, 2022
Boeing settles 737 MAX fraud as a corporation while arguing individual executives bear no criminal responsibility for the same conduct
Argued in court

Boeing entered a guilty plea to conspiracy to defraud the FAA in connection with 737 MAX MCAS disclosures; agreed to a $487M fine and oversight monitorship. Corporate position: the company accepts responsibility for its employees' conduct as a corporate act.…

Jul 8, 2024 · justice.gov
Then, elsewhere

In the only individual criminal prosecution arising from the same MCAS fraud, Boeing's position (through company-witness testimony and document production) was that the relevant senior managers had no knowledge of the safety-critical changes and that the…

Mar 23, 2022 · courtlistener.com

Why it matters Boeing the corporation pleaded guilty to defrauding the FAA — admitting, in its corporate capacity, that the criminal acts occurred. In the parallel individual prosecution of the only Boeing employee charged, the…

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Court vs. conduct Donald Trump Oct 18, 2021
Trump argues executive privilege protects an outgoing president's documents — claims absolute presidential immunity for the same acts as candidate
Argued in court

An outgoing president retains absolute immunity from criminal prosecution for any official act, including the retention of classified national-defense information after leaving office. Executive privilege survives the end of the term; the Presidential…

Jan 9, 2024 · supremecourt.gov
Then, elsewhere

As a former president, Trump asserted executive privilege to block the National Archives from releasing his administration's records to the January 6 select committee — arguing the sitting president (Biden) could not waive his predecessor's privilege. (Trump…

Oct 18, 2021 · courtlistener.com

Why it matters In Trump v. Thompson, Trump's position was that executive privilege over presidential records is an enduring protection that a successor cannot waive. In the SCOTUS immunity case, the same privilege framework was…

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Court vs. conduct Meta Platforms Jul 31, 2019
Meta argues its algorithms are protected editorial speech in Texas — and just neutral pipes in Section 230 defenses
Argued in court

Algorithmic feed ranking, content moderation, and amplification choices are protected editorial speech of the platform; Texas HB20 unconstitutionally compels speech by limiting Meta's ability to curate its product. (NetChoice, LLC v. Paxton (consolidated;…

Sep 29, 2023 · supremecourt.gov
Then, elsewhere

Algorithmic amplification of third-party content is not the platform's own speech; Facebook is a neutral interactive computer service entitled to full § 230 immunity for the editorial outcomes of its ranking algorithms. (Force v. Facebook, Inc. (and progeny…

Jul 31, 2019 · cases.justia.com

Why it matters The same ranking-and-amplification system is described as 'protected editorial speech' when Meta wants to defeat must-carry laws, and as 'neutral conduit conduct of an interactive computer service' when Meta wants §…

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