However, the article suggests that Musk's understanding of contract law is flawed, with the author noting that the elements Musk cites do not constitute a valid contract. The author predicts that the case will likely be dismissed for "failure to state a claim," and criticizes Musk's lawyers for pursuing a frivolous lawsuit to rack up billable hours.
Key takeaways:
- Elon Musk has filed a lawsuit against OpenAI, alleging that the company is not a nonprofit designed to benefit humanity, but a regular tech company aiming to make a lot of money.
- The lawsuit includes a claim for breach of contract, despite the fact that Musk is alleging OpenAI breached a contract that does not exist.
- The complaint references a 'Founding Agreement' that is not attached as an exhibit and is described as a vibe caught in some emails.
- The lawsuit is seen as a potential gold mine for law schools due to its unusual claims and the likelihood of OpenAI's response being a 12(b)(6) motion to dismiss for 'failure to state a claim.'