Tech
On the stand, Elon Musk can’t escape his own tweets
Elon Musk came to a California federal court on Wednesday to argue that Sam Altman and his cofounders “stole a charity.” He left having admitted, under oath, that Tesla is not currently pursuing artificial general intelligence (AGI)— directly contradicting a tweet he’d posted just weeks earlier.
It was that kind of day for Musk.
The lawsuit he filed challenging the structure of OpenAI alleges Sam Altman and the other cofounders tricked him into backing a non-profit, then launched the frontier lab’s for-profit arm and let it come to dominate the organization.
After an occasionally testy Musk testified for hours, it appears the case may come down to how much of a distinction jurors and Judge Yvonne Gonzalez Rogers make between investors in OpenAI having their potential profit capped or not.
In Musk’s telling, when he cofounded the lab with Sam Altman, Ilya Sutskever, Greg Brockman and others, he trusted them to build AI for humanity, but over time became suspicious of their motives, and finally concluded that they were “looting the nonprofit.”
OpenAI’s lawyer William Savitt sought to complicate that story during cross-examination, trying to show that Musk had supported a variety of efforts to transition OpenAI toward for-profit status so it could raise the funds necessary to compete with firms like Google, including incorporating the AI lab into Tesla.
Musk testified that he had discussed converting the company to a for-profit as early as 2016, and that in 2017, he had explored creating a for-profit arm of OpenAI where he would hold the majority of the equity and control the company. When those plans fell apart, he stopped making regular donations to OpenAI, though he continued to pay for its office space until 2020.
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Musk insisted that there was a big difference between investors whose profits are capped and those whose profits are unlimited. The earliest major investments by Microsoft in OpenAI limited the software giant’s profits, but those restrictions have been rolled back over the years. Musk says those changes ultimately led him to bring this lawsuit.
Savitt tried to establish that Musk had been consulted by Altman and Shivon Zillis — his longtime adviser who is also the mother of four of his children — about subsequent efforts to raise money, and did not object. Zillis was also a member of the OpenAI board when it approved some of those transactions.
That cross-examination extended to Tesla’s AI ambitions. Notably, Musk was asked about Tesla’s efforts to develop competing AI technologies and found himself, not for the first time, on the wrong side of one of his own posts on X. After Musk said that Tesla’s AI work was focused only on self-driving and not AGI (a term for AI systems that can perform any intellectual task that a human can), he was asked about a recent post claiming that “Tesla will be one of the companies to make AGI.” “We are not pursuing AGI right now,” Musk told the court. (Tesla shareholders may want to take note.)
Musk was also asked about a post where he claimed to have invested $100 million in OpenAI, rather than the $38 million that actually changed hands. He argued that his reputation and network made up for the disparity.
Savitt brought up emails where Musk had backed efforts by Tesla and his brain interface company, Neuralink, to poach employees from OpenAI while he was still on that company’s board. Another conversation focused on his efforts to hire OpenAI leaders when he left the board in 2018, including Andrej Karpathy, who departed OpenAI to lead self-driving work at Tesla. Musk was also asked about a conversation where Zillis suggested Musk recruit Sutskever to Tesla.
The most consequential thread of the day, though, may have been about harm prevention. Part of Musk’s case rests on the idea that OpenAI transition into a traditional corporation is dangerous to society because it reduces the company’s focus on safety. Savitt, in turn, had Musk admit that all AI companies, including his own, suffer from this risk.
Judge Gonzalez Rogers halted that line of questioning, but in remarks to the lawyers after testimony concluded made clear it would resume, with limits. When Musk’s lawyers floated questions about ChatGPT’s role in the Tumbler Ridge shooting—an incident earlier this year in Canada in which a person went on a killing spree after extensive conversations with the chatbot—she made clear that she didn’t want to hear about scandals caused by AI models, but that xAI and OpenAI’s approaches to safety were fair game.
Musk returns Thursday for another round of adversarial questioning. Also expected to testify are his family office manager, Jared Birchall; AI safety expert Stuart Russell; and OpenAI president Greg Brockman.
Correction: An earlier version of this story misstated details of the Tumbler Ridge shooting due to an editing error. It has been updated.
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Tech
PNOE’s new face mask wants to make lab-grade breath testing a self-serve affair
At first glance, the newest device from PNOĒ looks like something a comic-book villain might wear. The mask, which covers the nose and mouth and straps around the back of the head, bears more than a passing resemblance to the one worn by Bane, Batman’s hulking nemesis. But its purpose is far more benign; it measures how much oxygen you consume and how much carbon dioxide you exhale, then turns that data into advice about how to eat, train, and, the company hopes, live longer.
PNOĒ, which is based in Malden, Massachusetts, and has operations in Athens, Greece, is preparing to launch the PNOĒ 2.0 on October 1. The big change from its current device is that users can administer the test themselves. According to co-founder and CEO Apostolos Atsalakis, someone can walk into a gym, “just wear the mask, push the button, sit down,” and breathe for eight minutes. “That’s it. It’s that easy,” he said recently, talking with this editor over a Zoom call from the company’s Athens location.
That matters because PNOĒ’s current device requires a trained operator, which limits where it can be used. A self-serve version could open the door to fitness centers without dedicated staff and potentially even pharmacies, Atsalakis said.
The science behind PNOĒ isn’t new. Metabolic testing, which analyzes the gases in a person’s breath to gauge how their body produces energy, has been around for more than a century. For decades, it has been the gold standard for measuring VO₂ max, the maximum amount of oxygen the body can use during exercise and a widely used measure of cardiorespiratory fitness. But the tests have traditionally required bulky, expensive equipment found mainly in sports labs and hospitals, which is why they’ve largely been the province of elite athletes and executive wellness programs.
What 10-year-old PNOĒ promises is the same accuracy in a portable package, paired with software that translates the results into recommendations. “We made it accessible to everyone,” Atsalakis said.
The company says its test captures 23 biomarkers, including (beyond measuring VO₂ max) one’s resting metabolic rate (how many calories the body burns at rest), and metabolic flexibility (how well the body switches between burning fat and carbohydrates). Atsalakis argues that these metrics answer questions that blood tests can’t, such as how many calories a person needs or how they should train.
The timing is good for PNOĒ. VO₂ max has become a buzzword among longevity enthusiasts, thanks in part to research linking higher cardiorespiratory fitness to lower mortality. Atsalakis calls VO₂ max the strongest predictor of human longevity, and he sees his company’s data as a kind of scorecard for the booming wellness industry.
The new device is smaller and more compact than its predecessor, with fewer parts, which Atsalakis said makes it more reliable. It was designed with Milan-based Design Group Italia over what Atsalakis described as “a lot, a lot, a lot of iterations,” since a self-administered metabolic testing device hadn’t been done before.
It also addresses a question that post-pandemic users are likely to ask: who wore it last? The answer: it doesn’t matter, as the electronics detach from the silicone mask and straps, so multiple people can share the costly hardware while each user keeps their own mask.
For all its clinical ambitions, PNOĒ is careful about what it claims. The device isn’t cleared by the U.S. Food and Drug Administration, and Atsalakis said that “we do not provide medical recommendations.” Instead, PNOĒ considers itself a wellness device. “It’s like a body composition device, like a scale,” he said. “A doctor cannot prescribe medication based on our results.”
That could change down the road. Researchers have long explored whether compounds in human breath can signal diseases such as cancer, and Atsalakis believes the company’s growing trove of data could eventually help it flag health issues. But he acknowledged that full diagnoses are “definitely a couple of years away,” with regulatory hurdles likely stretching that timeline further. “We’re not there yet,” he said.
PNOĒ traces its roots to Atsalakis’s PhD work in sensing technologies at the University of Cambridge, when wearables were taking off and he became fascinated by what the breath could reveal about the body. He co-founded the company with Panos Papadiamantis, a childhood friend who is now the company’s chief product officer.
The startup went through Y Combinator’s Winter 2019 batch, back when “longevity” was not yet the industry it is today. It has since raised about $22 million, including a recently closed $11 million round, from investors including 50 Years and Google Maps co-founder Lars Rasmussen, who is himself now based in Athens.
PNOĒ sells only to businesses, which then offer the test to their customers. Its clients include Equinox, where it’s available at almost all clubs, said Atsalakis, as well as Four Seasons hotels, Red Bull, the NBA, the Mount Sinai Health System, and the med spa chain Restore Hyper Wellness.
About 85% of its business comes from the U.S., which Atsalakis described as “by far the most advanced market globally” for longevity. The company is now expanding in Europe and, through partners, in Latin America and Asia.
Businesses pay a subscription ranging from $400 a month to more than $1,000, which covers the hardware, software, training, and marketing materials, a package Atsalakis calls a “business in a box.” PNOĒ also links its results to the services a business sells, so a gym or spa can recommend specific offerings based on a customer’s test. Many clients use the test during onboarding, Atsalakis said, positioning it somewhere between a full clinical workup and the estimates people get from their smartwatches.
That middle ground is increasingly crowded. Apple, Garmin, and Whoop all estimate VO₂ max from heart-rate data, while consumer devices like Lumen analyze breath to gauge fat and carb burning. At the high end, traditional metabolic carts remain the standard in labs and hospitals.
PNOĒ, which employs 110 people, says it recently turned profitable, while growing more than 100% a year. Atsalakis said the company plans to raise a Series B within the next six to 12 months as it tries to put its mask — Bane comparisons and all — in front of more faces.
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Tech
Google tests buying from Walmart-owned Flipkart through Gemini and AI Mode in India
Google has started testing a way for shoppers in India to buy products from Walmart-owned Flipkart directly through Gemini and AI Mode, as the search giant looks to expand its AI services from product discovery into transactions.
Users in the test see a “Buy” button on select Flipkart product listings appearing in Gemini and Google’s AI Mode, which takes them directly to a Flipkart checkout flow without leaving the AI interface, according to people familiar with the matter and an experience seen by TechCrunch.
The early test is limited to some users and a small selection of products, including smartphones, electronics, and mobile accessories, the people told TechCrunch. Other users continue to see regular product listings from Flipkart in Gemini and AI Mode without the option to buy them directly from the AI interface.
Google plans to roll out the experience more broadly later in October, ahead of India’s festive shopping season, one of the people said.
The test comes as Google and rivals including OpenAI are adding commerce capabilities to their AI offerings, striving to move beyond answering shopping queries and recommending products to playing a more direct role in online purchases.
Asked about the Flipkart test, a Google spokesperson told TechCrunch the company is “always testing new features and experiences to help people discover and connect with businesses more easily.” The company regularly runs experiments and has no further details to share, the spokesperson added.
Google has separately been building technology aimed at making purchases possible through its AI services. Earlier this year, it introduced the Universal Commerce Protocol (UCP) as an open standard designed to let AI agents interact with retailers across the shopping journey, including checkout. Google said at the time that the technology would allow shoppers to buy eligible products through Gemini and AI Mode using a Google-hosted checkout experience. The company has since expanded UCP with other capabilities, including allowing shoppers to transfer items to a retailer’s site to complete a purchase.
The Flipkart test seen by TechCrunch appears different from the Google-hosted checkout experience the Gemini maker demonstrated earlier. It brings up a Flipkart-branded checkout flow when a user taps the Buy button. It is not clear what technology powers the test.
Earlier this month, Google said Flipkart was among the merchants partnering with it to bring what it calls “agentic” shopping experiences to consumers in India, but it had not disclosed details of the test or its rollout timeline.
Notably, Google has a financial relationship with Flipkart — alongside its technology partnership with the e-commerce company. It invested about $350 million in the e-commerce company in 2024 as part of a funding round led by the U.S. retailer, taking a minority stake.
India, the world’s second-largest internet market with more than a billion internet subscribers, sees Flipkart and Amazon compete fiercely for online shoppers. That competition intensifies further during the country’s festive season, when e-commerce companies roll out some of their biggest sales and promotions of the year.
For now, the Buy option is not appearing across all retailers surfaced by Google’s AI services. In the experience seen by TechCrunch, listings from rivals including Amazon appeared alongside Flipkart products but did not offer the option to purchase directly through the AI interface.
Flipkart did not immediately respond to an email requesting for comment.
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Tech
Insurers claim AI is already increasing healthcare costs
Hospitals’ use of artificial intelligence tools as they submit insurance claims led to an additional $942 million in healthcare spending over a two-year period, according to an analysis by the Blue Cross Blue Shield Association.
The BCBSA analysis found “a sharp increase in patients being documented as having complex conditions,” but argued there is a “clear disconnect between [medical] coding and treatment,” as there’s “no evidence of corresponding change in care delivered.”
The New York Times pointed the analysis as just the latest sign that AI is contributing to an increase in healthcare costs. While battles between hospitals and insurers over treatments and payments are nothing new, the NYT said the use of AI on both sides seems to be making it worse.
Dr. Shiv Rao, founder of AI startup Abridge, acknowledged that the use of AI could lead to “a horrible dystopic future nobody wants to live in,” with “bots fighting bots, agents fighting agents.” But Rao said it might also reduce tensions and cut costs.
And the BCBSA’s senior vice president Luke Chalker resisted characterizing the situation as a battle, claiming, “It’s not a war. It’s a completely one-sided blood bath,” with insurers on the losing side.
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