The emails clearly show that Elon had no interest on this being a non profit. Especially because he advocated for OpenAI to be absorbed by Tesla multiple times. The only reason he is suing is because xAI is dead and he needs some AI love.
He's not asking for money in the lawsuit, so what is it going to do? I thought it was for show in the first place, the goal was to hold them to their founding principles. Which are of course, pretty subjective. Top to bottom it's God complex over there and the secret justification for closed source was pretty ironic--we only found out this key unmentioned detail once the lawsuits start flying.
He is not asking for money because that would make it crystal clear he's after the money. In actuality, he is just bitter he missed the boat. He is not after the money, but the fame.
"For an award of restitution and/or disgorgement of any and all monies received by
Defendants while they engaged in the unfair and improper practices described
herein"
He claims he'll give all the money to charity, but he's certainly asking for money.