I think some believe Elon's argument is BS because Elon claims to be upset about OpenAI charging for their work. However, internal communications/texts show he wanted to do the same thing. So it seems like sour grapes that he isn't the one in charge.
I detailed my understanding of this case in a sibling-comment to this one, but I think the fact that he wanted to "do the same thing" (read: use the for-profit engine to fund AI research) only makes his case stronger!
If I understand correctly, the OpenAI board asked Musk to remove himself and sell his stake as his for-profit pursuits conflicted with the mission of open, non-profit research. But after he left, they started a for-profit subsidiary and did exactly what they didn't want him doing. I could see how a judge might side with him.
