
Elon Musk's lawsuit against OpenAI included allegations that the company breached its contract and abandoned its mission of creating AI technology to benefit humanity. Musk claimed that OpenAI violated an agreement reached with him and other founding members, which committed to making OpenAI a nonprofit organization and keeping its technology open source. The lawsuit accused OpenAI of becoming a "closed-source de facto subsidiary" of Microsoft, which invested $13 billion in the company and owns a 49% stake. Musk also alleged that OpenAI developed human-level AI and handed it over to Microsoft, breaching the original "Founding Agreement" for OpenAI, which pledged the company to develop artificial general intelligence (AGI) openly and "for the benefit of humanity6." The lawsuit sought to force OpenAI to release its technology openly and prevent the startup from using it to financially benefit Microsoft, its CEO Sam Altman, and president Greg Brockman.

Elon Musk decided to withdraw his lawsuit against OpenAI and its CEO, Sam Altman, without providing a specific reason. The dismissal came just one day before a scheduled hearing where the judge was set to review OpenAI's request to dismiss the case5. It is important to note that the lawsuit was dismissed without prejudice, which means that Musk can file it again in the future if he chooses to do so.

The dismissal of the lawsuit without prejudice allows Elon Musk to file the lawsuit again in the future. This means that if Musk decides to pursue legal action against OpenAI and its CEO, Sam Altman, for the same reasons, he can do so as the case was not dismissed with prejudice. The dismissal without prejudice provides Musk with the opportunity to address any deficiencies in his case or gather additional evidence before refiling the lawsuit. However, it's important to note that the statute of limitations may still apply, meaning that there is a time limit within which Musk must refile the case if he chooses to do so.