Elon Musk will proceed with his lawsuit against OpenAI, his lawyer Marc Toberoff confirmed Monday, despite the company’s revised plan to maintain non-profit control over its for-profit arm.

Toberoff criticized the upgrade for lacking transparency, alleging OpenAI continues to promote business interests while drastically weakening non-profit monitoring, according to Reuters.

Musk's action, which is due for trial in March 2026, contends that OpenAI abandoned its fundamental objective.  Meta and AI researcher Geoffrey Hinton have expressed support for the lawsuit.

OpenAI called it a “bad-faith attempt to slow us down”, Reuters reported.