I feel like there still needs to be a penalty to OpenAI here even if that doesn't favor Musk (even though he funded the whole thing). It is still a theft.
My theory is this civil suit was used to expose Sam's (and Greg's) self-dealing and perjury. This was civil, now comes criminal.
Need standing to claim theft, need to be within statue of limitations.
It's not theft unless a jury says it is, they didn't say it is.