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Attorneys for Musk asked the California state court to dismiss
the lawsuit, originally filed in February, without giving a
reason for the move, according to a filing in San Francisco
Superior Court.
A Superior Court judge there was prepared to hear OpenAI’s bid
to dismiss the lawsuit at a hearing scheduled for Wednesday.
OpenAI and an attorney for Musk did not immediately respond to
requests for comment.
Musk dismissed his case without prejudice, which means he could
refile it at another time.
The lawsuit marked a culmination of Musk's long-simmering
opposition to OpenAI, a startup he co-founded and that has since
become the face of generative AI through billions of dollars in
funding from Microsoft.
Musk last July founded his own artificial intelligence startup,
xAI, which raised $6 billion in series B funding in May to reach
a post-money valuation of $24 billion.
The lawsuit said Altman and OpenAI co-founder Greg Brockman
approached Musk to make an open source, non-profit company, but
the startup established in 2015 is now focused on making money.
OpenAI "set the founding agreement aflame" last year when it
released its most powerful language model GPT-4, the lawsuit
said.
Musk in the lawsuit asked a judge to force OpenAI to make its
research and technology available to the public and to prevent
the startup from using its assets, including GPT-4, for the
financial benefit of Microsoft and others.
OpenAI had argued in a court filing that the lawsuit was based
on incoherent claims, describing it as a contrived attempt by
Musk to advance his own AI interests.
"Seeing the remarkable technological advances OpenAI has
achieved, Musk now wants that success for himself," OpenAI's
attorneys said.
Musk in a filing in April said OpenAI was trying to “advance
arguments that are based on disputed facts” that are beyond the
scope of the lawsuit.
(Reporting by Mike Scarcella; editing by Jonathan Oatis and
Stephen Coates)
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