Musk is even more cartoonishly villainous than MS. This is pretty much Lex Luthor against Darkseid. Unless it results in mutual destruction, doesn't matter who wins, everybody else loses.
My take is that Elon is suing OpenAI because he left OpenAI before they opened a commercial venture, which means he doesn't benefit from the companies current valuation, so he's using the courts to try to strong arm the foundation into giving him some shares, basically using the courts for harassment purposes.
I'm hoping for both to get fucked, and if this takes this whole "AI" hype away with them, so much the better.