If OpenAI became a non-profit with this in its charter: “resulting technology will benefit the public and the corporation will seek to open source technology for the public benefit when applicable. The corporation is not organized for the private gain of any person" I don't think it is going to be hard to show that they are doing something very different than what they said they were going to do.
Taking into account, the reported reason Elon Musk departed from the project, is because he wanted OpenAI to merge with Tesla, and he would take complete control of the project, this lawsuit smells of hypocrisy. "The secret history of Elon Musk, Sam Altman, and OpenAI" - https://www.semafor.com/article/03/24/2023/the-secret-histor... But that was to be expected, from the guy who forced his employees to go work with C…
The law doesn’t work that way. It’s not as simple as people I like should win and people I don’t should lose.
The fact you provided references and links implies you actually believe you are making a coherent case