For those who came in late, Musk sued everyone at OpenAI a few months ago before pulling the case, presumably when it became clear that some of his emails showed that he wanted the company to be for-profit and drawn into his Tesla outfit.

However, it is not clear why Musk believes that the same argument will work this time. According to the court documents, Musk was a co-founder and early supporter of OpenAI, asserts that Altman and Brockman persuaded him to co-found and finance the startup in 2015 with assurances that it would operate as a non-profit entity aimed at countering the competitive threat posed by Google.

 According to the lawsuit, the founding agreement stipulated that OpenAI's technology should be "freely available" to the public.

Filed in a San Francisco court late Thursday, the lawsuit contends that OpenAI, now the world's most valuable AI startup, has transitioned to a for-profit model, focusing on commercialising its AGI research following a partnership with Microsoft, the world's most valuable company, which has invested approximately $13 billion into the startup.

"In reality, however, OpenAI, Inc. has been transformed into a closed-source de facto subsidiary of the largest technology company in the world: Microsoft. Under its new board, it is not just developing but is refining an AGI to maximize profits for Microsoft, rather than for the benefit of humanity," the lawsuit states. "This represents a stark betrayal of the Founding Agreement."