While no one knows the exact truth of this case, Musk has made a compelling case against OpenAI. If he's telling the truth, he, Brockman, and Altman originally created OpenAI to combat the growing powers of for-profit Google by building their own system with limitations. Unfortunately, Altman shifted his focus solely toward profit, ended ChatGPT's opensource nature, teamed up with Microsoft, and pushed technological advancements with no care for how it will impact human beings.
It's remarkable that Elon Musk will try this lawsuit again given the publicly available evidence against him. While Musk claims Altman is responsible for going private, it was actually he who wanted to do so, only his demand was to merge it with Tesla and give him sole control. Musk is also on the record agreeing with his former partners in that opensource doesn't mean all the science behind AGI should be opensource. Musk was a true believer in OpenAI's altruistic mission before he was blinded by his own greed.