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“They can’t sell stock or offer returns,” said Neil Elan, a partner at law firm Stubbs, Alderton and Markiles LLP.

“The ultimate question is, is this a case of altruism versus greed, as Musk portrays, or is this a case of kind of corporate monopolistic prevention, as Altman and OpenAI present?” said Neil Elan, a partner with law firm Stubbs Alderton and Markiles LLP.

Musk might not be able to recover his investment in OpenAI, Elan said.

While it is possible Musk and OpenAI could settle, Elan thinks it’s unlikely, given the unique personalities involved.

“Settlement requires a concession of the weaknesses of one’s perception, perspective and claims, and it will be difficult, in my view, for such strong, big personalities to make such concessions,” Elan said.