Musk — who co-founded OpenAI in 2015 — sued the company in February, accusing the ChatGPT maker of abandoning its original nonprofit mission by reserving some of its most advanced AI technology for private customers.

 He then dropped the lawsuit in June, without explanation, after OpenAI published old emails from Musk that revolved around OpenAI’s creation.

 

The new lawsuit, filed against OpenAI, Altman and co-founder Gregory Brockman, made the same claims.

 While the first lawsuit was filed in California state court, the new one was filed in federal court in Northern California and is nearly double in length.

 In contrast to the original suit, it includes claims that OpenAI is engaging in racketeering activity.

This lawsuit bursts Defendants hot-air philanthropy and holds them accountable for their misrepresentations to Musk and the public. It concerns far more that a $100 billion start-up, the future of AGI lies in the balance,” Musk’s lawyer Marc Toberoff said in a statement Monday.

The lawsuit alleges that Musk was “betrayed by Altman and his accomplices. The perfidy and deceit are of Shakespearean proportions.”

A high-profile leadership crisis last year resulted in Altman’s abrupt firing as CEO, followed by his swift re-instatement, but this time with Microsoft gaining a non-voting seat on OpenAI’s board. The tech stalwart also has a multi-billion-dollar investment in OpenAI.

Microsoft subsequently ditched its observer seat in July, after regulatory scrutiny from Europe, Britain and the United States.

The 83-page lawsuit claims OpenAI’s partnership with Microsoft “flipped the narrative” of the company’s original mission.

The new lawsuit claims Altman and Brockman “manipulated” Musk into co-founding OpenAI.

“Elon Musk’s case against Sam Altman and OpenAI is a textbook tale of altruism versus greed. Altman, in concert with other Defendants, intentionally courted and deceived Musk, preying on Musk’s humanitarian concern about the existential dangers posed by artificial intelligence,” the lawsuit said.

The lawsuit seeks “a constructive trust on Defendants’ ill-gotten gains, property, and assets traceable to Musk’s significant contributions to OpenAI” and that “a judicial determination that OpenAI, Inc.’s license to Microsoft is null and void.”

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