TechFlow news, October 9 — According to Forbes, artificial intelligence company OpenAI has filed a motion in California federal court seeking to dismiss the federal lawsuit Elon Musk brought two months ago. OpenAI claims Musk's lawsuit is a harassing effort aimed at boosting the position of his own AI startup, xAI.
In its filing, OpenAI stated that Musk's lawsuit represents the latest move in his "increasingly loud campaign of harassment" intended to gain competitive advantage. Musk once supported OpenAI's core mission—“safely and beneficially developing artificial general intelligence”—but abandoned this cause after failing to take control of the company, subsequently founding his own AI company xAI, and now attempting to exploit the judicial system to gain an edge in the AI industry.
OpenAI argues that the central documents and facts in Musk’s federal complaint are identical to those in a prior state court case, which Musk voluntarily dropped in June 2024. OpenAI contends that Musk’s current lawsuit is a public relations stunt, containing contractual and trust claims that he could not sustain in state court, as well as fraud and false advertising theories based on unspecified false statements.
Musk initially alleged that OpenAI had abandoned its founding mission of creating an open AI platform for the benefit of humanity, instead pursuing profit maximization. As of press time, Musk has not responded to OpenAI’s motion to dismiss.




