OAKLAND, Calif. (AP) - Elon Musk's attorneys dealt with off with OpenAI in court Tuesday as a federal judge weighed the billionaire's demand for a court order that would block the ChatGPT maker from converting itself to a for-profit business.

U.S. District Judge Yvonne Gonzalez Rogers said it was a "stretch" for Musk to claim he will be irreparably damaged if she doesn't step in to stop OpenAI from moving forward with its transition from a not-for-profit lab to a for-profit corporation.

But the judge likewise raised concerns about OpenAI and its relationship with organization partner Microsoft and said she would not stop the case from transferring to trial as quickly as next year so a jury can decide.

"It is possible that what Mr. Musk is stating holds true. We ´ ll find out. He ´ ll sit on the stand," she said.

Musk, archmageriseswiki.com an early OpenAI investor and board member, took legal action against the expert system business in 2015, initially in a California state court and garagesale.es later in federal court, alleging it had betrayed its starting aims as a not-for-profit research study laboratory benefiting the general public excellent. Musk had invested about $45 million in the start-up from its founding up until 2018, his attorney said Tuesday.

Musk intensified the legal dispute late last year, including new claims and offenders and requesting a court order that would stop OpenAI ´ s plans to transform itself into a for-profit business more fully. Musk also included his own AI business, xAI, as a plaintiff.

Also targeted by Musk's claim is OpenAI's close company partner Microsoft and gratisafhalen.be tech entrepreneur Reid Hoffman, a former OpenAI board member who likewise rests on Microsoft's board.

Gonzalez Rogers said she has a high bar for approving the sort of preliminary injunction that Musk desires but hasn't yet ruled on the request. She did say she had "significant concerns" with 2 individuals linked to Microsoft on OpenAI's board - Hoffman and long time Microsoft executive Deanna Templeton, who was a "non-voting observer."

"So you want me to believe that she was sitting there listening to all the discussions and not informing anyone? What would the point be for her to sit there and listen to everyone, if not to interact what she was listening? There would be no point for her to be there, which is why she actually needs to not exist," she said.

Hoffman, a co-founder of LinkedIn, has been on Microsoft ´ s board given that soon after the tech huge bought the job networking website. He stepped down from OpenAI's board in 2023 to prevent conflicts with his AI start-up, Inflection.

Templeton, who Musk also called as a defendant, was included as a non-voting member of OpenAI ´ s board in the of Altman ´ s ouster after Microsoft CEO Satya Nadella looked for ratemywifey.com more stability on the board. But months later on, utahsyardsale.com she was dropped from the OpenAI board as U.S. antitrust enforcers were revealing issues about such plans on business boards.

The judge has actually managed a variety of tech market cases consisting of Apple's fight with Epic Games, though she said Tuesday that Musk's case is "absolutely nothing like" that one. That case was likewise the last time she gave a preliminary injunction, in 2020, 8 months before the case went to trial.

Then-President Barack Obama appointed Gonzalez Rogers to the federal bench in 2011.

Tuesday's hearing was initially set for January however was postponed after Musk's lawyer Marc Toberoff said his home was ruined in the Pacific Palisades wildfire.

Musk, who did not attend the hearing, has alleged in the claim that the companies are violating the terms of his foundational contributions to the charity. Judge Gonzalez Rogers called it a "stretch" to claim "irreversible damage" to Musk, and called the case "billionaires vs. billionaires." She questioned why Musk invested tens of millions in OpenAI without a composed agreement. Toberoff said it was due to the fact that the relationship in between Altman and Musk at the time was "developed on trust" and the 2 were very close.

"That is just a great deal of cash" to invest "on a handshake," the judge said.

OpenAI has actually said Musk ´ s asked for court order would "cripple OpenAI ´ s company"and objective to the benefit of Musk and his own AI company and is based on "far-fetched" legal claims.

At the heart of the conflict is a 2017 internal power struggle at the recently established start-up that resulted in Altman becoming OpenAI ´ s CEO

. Emails disclosed by OpenAI show Musk had actually likewise looked for to be CEO and grew frustrated after two other OpenAI co-founders said he would hold too much power as a major investor and president if the startup was successful in its objective to attain better-than-human AI called artificial general intelligence, or AGI. Musk has actually long voiced concerns about how sophisticated kinds of AI could threaten humanity.

Altman eventually was successful in becoming CEO and has actually remained so other than for a duration in 2023 when he was fired and after that restored days later after the board that ousted him was changed.

OpenAI has actually sought to demonstrate Musk ´ s early assistance for the idea of making OpenAI a for-profit service so it could raise money for the hardware and computer system power that AI needs.

Musk is not the only one challenging OpenAI's for-profit transition. Facebook and Instagram parent Meta Platforms has asked California's attorney general to obstruct it, and the workplace of Delaware's chief law officer has said it is examining the conversion.

It was not clear Tuesday when the case may go to trial. Musk's lawyers initially said they would be ready by June after some back-and-forth with the 2 sides the judge suggested it probably won't be till June 2026 at the earliest, wiki.rolandradio.net however likely early 2027.

O'Brien reported from Providence, Rhode Island.

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