Elon Musk’s lawsuit against OpenAI and Microsoft may be dismissed due to lack of factual support, according to recent filings by both companies.
Musk sued the duo in August over alleged contract breaches, unfair business practices, and fiduciary duties. However, he withdrew the case months later without explanation.
OpenAI responded by releasing a batch of emails that showed Musk’s original attempt to control OpenAI was unsuccessful. The company claims Musk is now trying to undermine its success with his own AI firm, xAI.
Microsoft concurred, stating Musk’s 26-count lawsuit lacks specific facts and relies on “unsupported information.”
A California judge has decided not to dismiss the case yet, citing a potential for irreparable harm from OpenAI’s shift towards becoming a for-profit company. The judge will allow the case to proceed to trial.
Source: https://www.theregister.com/2025/02/04/openai_microsoft_musk_lawsuit