---
title: "Elon Musk Drops Lawsuit Against OpenAI After It Releases Emails Showing He Was Totally on Board With What He’s Now Criticizing"
description: "Billionaire Elon Musk has dropped his lawsuit against ChatGPT creator OpenAI. Musk didn't say why, but it's hard to see why he wouldn't."
date: "2024-06-12"
modified: "2024-06-12"
authors:
  - name: "Maggie Harrison Dupré"
    job_title: "Senior Staff Writer"
    link: "https://futurism.com/authors/mharrison"
url: "https://futurism.com/the-byte/elon-musk-drops-lawsuit-against-openai"
categories:
  - "Artificial Intelligence"
  - "Elon Musk"
  - "Future Society"
  - "OpenAI"
  - "The Industrialists"
tags:
  - "ai"
  - "elon musk"
  - "OpenAI"
  - "the digest"
---

# Elon Musk Drops Lawsuit Against OpenAI After It Releases Emails Showing He Was Totally on Board With What He’s Now Criticizing

![Billionaire Elon Musk has dropped his lawsuit against ChatGPT creator OpenAI. Musk didn't say why, but it's hard to see why he wouldn't.](<https://futurism.com/wp-content/uploads/2024/06/elon-musk-drops-lawsuit-against-openai.jpg>)
*\<em\>Image: Axelle / Bauer-Griffin / FilmMagic / Futurism\</em\>*

## But His Emails

Billionaire Elon Musk has dropped his lawsuit against ChatGPT creator OpenAI, multiple outlets have reported. Musk didn't say why, but we'd bet [those emails](<https://futurism.com/the-byte/openai-leaks-musk-emails>) have something to do with it.

To recap, Musk was an original founder of the then nonprofit OpenAI, but left the company in 2018 after an [alleged](<https://futurism.com/the-byte/elon-musk-takeover-openai>) failed power grab. About a year after Musk's exit, OpenAI [transitioned to a for-profit](<https://futurism.com/ai-elon-musk-openai-profit>) venture, naming Musk's former colleague and pal Sam Altman as chief executive. Eventually, in November 2022, OpenAI would step out of its Silicon Valley bubble and into the broader public eye upon the surprise release of the chatbot ChatGPT — and of course, the news of a [multibillion-dollar cash infusion](<https://futurism.com/the-byte/openai-confirms-microsoft-expansion>) from Microsoft.

After ChatGPT's release, Musk — who quickly started working on his [new AI company](<https://futurism.com/the-byte/elon-musk-poaching-tesla-xai>), xAI — became one of OpenAI's biggest [critics](<https://futurism.com/the-byte/elon-musk-pissed-openai-successful>), [arguing publicly](<https://futurism.com/the-byte/elon-musk-horrified-openai>) that the company had abandoned its mission to safely develop humanity-saving artificial general intelligence (AGI) in favor of cashing in on its tech. And finally, in March, Musk put his grievances into a decidedly sanctimonious lawsuit, suing OpenAI for breach of contract, breach of fiduciary duty, and unfair business practices.

OpenAI "is not just developing but is actually refining an AGI," read the lawsuit, "to maximize profits for Microsoft, rather than for the benefit of humanity."

But OpenAI, for its part, showed up with [*serious* receipts](<https://futurism.com/the-byte/openai-leaks-musk-emails>). Days after the lawsuit was filed, OpenAI [published](<https://openai.com/index/openai-elon-musk/>) multiple emails sent by Musk prior to his departure from the AI firm in which the billionaire can be clearly seen supporting a for-profit structure for the venture — in other words, the exact thing that Musk was *decrying* *OpenAI for doing.*

Now, though, maybe bygones will be bygones. According [to *CNN*](<https://www.cnn.com/2024/06/11/tech/elon-musk-drops-openai-lawsuit/index.html>), Musk quietly moved this week to drop the suit without comment. OpenAI, which [elsewhere called](<https://futurism.com/openai-ridicules-elon-musk-incoherent-lawsuit>) the legal action "convoluted" and "incoherent," has scheduled a motion to dismiss the filing altogether.

## Pots and Kettles

It's hard to imagine that the email leak had nothing to do with the abandonment of the suit. (Indeed, according to the documents, Musk was even pushing for OpenAI to fuse with one of his other companies, Tesla, in order to stay competitive with Google and other AI industry leaders.) It could also be true that the lawsuit just didn't have any solid legal footing, [as *The Verge* argued last year](<https://www.theverge.com/2024/3/1/24087937/elon-musk-suing-openai-nightmare-1l-contracts-exam>).

Or maybe Musk is just busy enough with the staggering [$6 billion](<https://futurism.com/the-byte/elon-musk-ai-company-money-openai>) he just raised for xAI, nevermind the multiple other companies and daily [doomscrolling quotas](<https://futurism.com/the-byte/elon-musk-burner-twitter-account>) that demand his attention.

At the end of the day, it's true that Musk's OpenAI critiques have [arguably](<https://futurism.com/openai-sleazy-company-creating-agi>) been [pretty fair](<https://futurism.com/sam-altman-silencing-former-employees>). But taken into context with the email leak, it's hard to shake the feeling of one billionaire pot calling the other billionaire kettle black. As for OpenAI? It's still got some [bigger fish](<https://www.nytimes.com/2023/12/27/business/media/new-york-times-open-ai-microsoft-lawsuit.html>) to worry about.

**More on Musk and AI:** [*Elon Musk's AI Company Announces Ungodly Sum of Money to Beat OpenAI*](<https://futurism.com/the-byte/elon-musk-ai-company-money-openai>)

## Author
At Futurism, I've reported extensively on the rise of AI as a cultural and business force shaping the media industry, and more broadly how those dynamics are changing how we all consume and share information and relate to one another. I'm also fascinated by public health policy and ethics, the role of emerging tech in politics and governance — and the powerful people and forces at those intersections — climate change, and the environment. My investigation on Sports Illustrated's use of AI-generated authors with fictional biographies won a 2024 Mirror Award for "Best Story on Media Coverage of Artificial Intelligence in Journalism and the Media" from Syracuse University's SI Newhouse School, I contributed to Niemen Lab's 2025 Predictions for Journalism series, and I've discussed my work for Futurism during appearances on NPR, CNN, the BBC, the CBC, and more. I grew up in rural Pennsylvania and attended the University of Massachusetts Amherst, where I played Division I field hockey for the Minutewomen as a midfielder. Since then, I've lived in New Orleans, Louisiana and Manhattan, New York. I spend my free time running, reading, perusing archival fashion, and searching for the world’s best negroni. I also have a debonair tuxedo cat, Westley, who's named after "The Princess Bride."

### Author social links  
[Bluesky](<https://bsky.app/profile/mharrisondupre.bsky.social>)