Elon Musk plans to proceed with his highly watched lawsuit against OpenAI, his lawyer Marc Toberoff said on Monday, hours after the AI startup dialed back its earlier plan to remove control by its non-profit arm.

Elon Musk, who co-founded OpenAI in 2015 and left the board in 2018, alleges that the company has strayed far from its original open-source, nonprofit mission.

OpenAI CEO Sam Altman has been working on wriggling out from under the control of the company’s nonprofit board ever since they (briefly) fired him. But, after several efforts to prevent the move, including a lawsuit filed by OpenAI co-founder Elon Musk, the company announced on Monday that it will keep its structure for now.