my two cents, openAI has more to lose than musk, i believe elon has enough lawyers under his belt that told him already that it's unlikely that he will win in court, and i doubt he would even had a leg to stand on if it wasn't for the replacement of the board, but to musk it may not be about winning the legal case, but another kind of a win and therefore his only comment was about the discovery process, as stated in the quoted article.
i believe that the most likely outcome now that the glove was thrown in the ring, is to settle during the trial, that would be the best case scenario for both parties.
for elon the cost of the trial is trivial, he "wins" either way, and i'll get more in detail on why that is later on. as i stated before openai are the ones that have more to lose, lets break it down:
first there's the case of the replacing the former board, after they wanted to limit the development process of fearing the unpredictable results of reaching AGI and giving the power of AI to soon to the masses.
second, theres the claim that elon made that they already have achieved AGI, and are keeping it a secret.
third, there's the users data, and how it's saved and used for retraining the AI, in other words the privacy policy.
fourth. goverment regulation, the issue with AI being more dangerous, or at least as potentially dangerous as a nuclear weapon in the wrong hands, is something that the regulator has is on eye on already at the current state of AI, with deep fakes, social networks pollution. and political campaigns intervention. that with the company's dealings and meeting with foreign goverments officials.
fifth, the microsoft connection, microsoft has no interest of rolling in the dirt with openai, just because they're in the same bed, and there's always dirt, and elon teased on the subject of the "dirt" that we can expect to see. in his comment about the discovery.
the discovery is the issue here, how much of the inner handling of openai is going to be released to the public, now its expected that the openai lawyers are going to try and block as much as they can from being disclosed and are likely to make the case that most is either irrelevant to the lagal case, or can't be discussed due to infringement of openai intelectual property.
that being said, it's unlikely that they'll succeed in blocking every request, and what that will be disclosed will most likely be enough to shine very poorly on the businees practices of openAI, touching on all five point previously mentioned. it is likely that openAI going to be under heavy scrutiny from almost everybody, legal experts, privacy advocates, scientists, bloggers, the rest of the news media and the general public.
as for elon winning either way, considering all i said above i can't see how for openAI the discovery and the full process of the trial is going to be in their best interest. that's why i believe they are going to settle eventually. giving musk what he wanted, profit shares, access to some of the base code for his own ai company. or whatever.
so how does elon "wins" if he loses the case in court?
his "win" doesn't come from the court. but from outing the inner working business practices of openai, making his case infront of the public and the regulator, that will most likely end up in sanctions or regulations brought upon the company, with lost of users trust, openning the door to the competition.