Musk's criticism of OpenAI is 100% justified. The company has branded itself as a pioneer that will responsibly lead the world into the AI generation in the safest way possible, but it has become beholden to Microsoft. Altman has seemingly thrown his convictions away in order to benefit Microsoft financially, and Musk is holding him accountable.
This suit was never in good faith and Musk is wrong to criticize OpenAI for chasing profits at the same time he's creating his own for-profit AI venture. He's using this lawsuit as part of a dispute with former OpenAI co-founders, which suggests this legal action was never really about the future of AI technology.
There's a 50% chance that OpenAI will reach its profit cap for the first round of investors by 2035, according to the Metaculus prediction community.