In a surprising turn of events, Elon Musk has withdrawn his lawsuit against OpenAI and its CEO, Sam Altman. The lawsuit, which accused the company of breaching a contract and abandoning its mission to create AI technology for the benefit of humanity, was dismissed without prejudice. This means that Musk can refile the case in the future if he chooses.
The lawsuit, filed in February in a California state court (case number CGC24612746), was dropped just one day before a scheduled hearing where a judge was set to review OpenAI’s request to dismiss the case.
This decision came a day after Musk threatened to ban Apple devices at his companies if Apple integrated OpenAI’s technology into its operating systems.
Musk’s lawsuit alleged that OpenAI breached an agreement with its founding members to maintain the organization as a nonprofit and keep its technology open source. However, as noted by The Verge’s Nilay Patel, there were significant issues with Musk’s case.
The complaint referenced a “Founding Agreement,” but no such document was provided as evidence. According to Patel, the breach of contract claim seemed to be based on a perceived understanding among the founders rather than a formal, binding agreement.
OpenAI swiftly denied Musk’s allegations, stating that the billionaire sought “absolute control” of the company by merging it with Tesla. The company emphasized that there was “no agreement at all” with Musk.
In the meantime, Musk has been busy with his own AI ventures. Last year, he founded xAI, an AI company that has developed the Grok AI chatbot, available through an X Premium subscription.
The startup has raised $6 billion from investors to support the acquisition of costly chips essential for its AI system. Recently, CNBC reported that Musk redirected thousands of Nvidia H100 AI chips, initially intended for Tesla, to xAI.
The dismissal of this lawsuit marks another chapter in Musk’s complex and often contentious relationship with the AI industry. Whether or not he will revisit the legal battle with OpenAI remains to be seen.