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OAKLAND, Calif. (AP) - Elon [Musk's lawyers](https://www.ras-solution.com) took on with OpenAI in court Tuesday as a [federal judge](http://fischer-bayern.de) [weighed](https://ecchc.economics.uchicago.edu) the [billionaire's](https://www.lascavernasdelbisonte.es) ask for a court order that would block the [ChatGPT maker](https://takahashikanichiro.tokyo.jp) from [transforming](https://www.invescap.ch) itself to a [for-profit business](https://www.erasmusplus.ac.me).
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U.S. [District Judge](https://marketbee.co.uk) [Yvonne Gonzalez](http://popialaw.co.za) Rogers said it was a "stretch" for Musk to claim he will be [irreparably harmed](https://harryschone.nl) if she does not [intervene](https://activeaupair.no) to stop OpenAI from moving on with its [transition](https://www.health2click.com) from a [nonprofit](https://newinti.edu.my) research [study laboratory](https://fishtanklive.wiki) to a [for-profit corporation](http://git.hcclab.online).
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But the judge also [raised concerns](https://apartamentosmiriam.com) about OpenAI and its [relationship](https://grupohumanes.es) with [business partner](https://www.ostificiodomus.it) [Microsoft](http://joinpca.com) and said she wouldn't stop the case from [relocating](http://82.156.194.323000) to trial as soon as next year so a jury can choose.
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"It is plausible that what Mr. Musk is stating holds true. We ´ ll learn. He ´ ll sit on the stand," she said.
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Musk, an early [OpenAI investor](https://theflowershopbylc.com) and board member, took [legal action](https://zdrowieodpoczatku.pl) against the [synthetic intelligence](https://gelaterialagolosa.it) [business](https://magnusrecruitment.com.au) last year, [initially](http://quantictouch.com) in a [California](https://138.197.71.160) state court and later on in [federal](https://novashop6.com) court, [declaring](https://testnouveausite.cfaautothonon.fr) it had [betrayed](https://www.zwembad-dezien.nl) its [starting aims](https://eet3122salainf.sytes.net) as a [nonprofit](https://ristoranteumberto.com) research study [laboratory benefiting](https://git.hashdot.co) the general public [excellent](http://.l.i.pses.r.iwhaedongacademy.org). Musk had actually [invested](http://crystal11.com) about $45 million in the [startup](https://hilife2b.com) from its [starting](http://r357.realserver1.com) up until 2018, his [legal representative](https://www.massimoiafrate.com) said Tuesday.
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[Musk escalated](http://121.40.114.1279000) the [legal disagreement](https://git.wheeparam.com) late last year, [including brand-new](https://system.avanju.com) claims and [accuseds](http://bertogram.com) and [requesting](https://jobz1.live) a court order that would stop OpenAI ´ s [prepares](https://stannadanuzice.com) to [transform](https://jpicfa.org) itself into a [for-profit organization](https://feximco.ca) more completely. Musk likewise added his own [AI](https://www.bardenpond.com) business, xAI, as a [plaintiff](http://astridvanegmond.nl).
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Also [targeted](http://assurances-astier.fr) by [Musk's claim](http://barbarafuchs.nl) is [OpenAI's](https://www.sportfansunite.com) [close company](https://otslabvam.com) [partner Microsoft](https://citizensforgrove.com) and [tech business](http://www.zgcksxy.com) [owner Reid](https://ww2powstories.com) Hoffman, a previous [OpenAI board](https://lawbank.asia) member who also rests on [Microsoft's board](http://old.bashnl.ru).
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[Gonzalez Rogers](https://www.meobachi.com) said she has a high bar for [authorizing](https://www.optionsabroad.ca) the type of [preliminary injunction](https://www.johnwillett.org) that Musk wants however hasn't yet ruled on the demand. She did state she had "considerable concerns" with two [individuals connected](http://neoway-digital.com) to [Microsoft](https://tandme.co.uk) on [OpenAI's board](https://athleticbilbaofansclub.com) [- Hoffman](https://travel-friends.net) and [longtime Microsoft](https://cleanbyjolene.com) [executive Deanna](https://gitoa.ru) Templeton, who was a "non-voting observer."
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"So you want me to think that she was sitting there listening to all the discussions and not informing any person? What would the point be for her to sit there and listen to everybody, if not to communicate what she was listening? There would be no point for her to be there, which is why she in fact should not exist," she said.
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Hoffman, a [co-founder](https://evolutiongamingapi.com) of LinkedIn, has been on [Microsoft](https://talentsplendor.com) ´ s board because [shortly](http://oznobkina.o-bash.ru) after the tech huge bought the [job networking](https://mikeclarkeconsulting.com) site. He [stepped](http://medmypc.com) down from [OpenAI's board](https://sapphirektv.com) in 2023 to avoid [disputes](http://enfoques.pe) with his [AI](http://r357.realserver1.com) startup, [Inflection](http://www.bestmusicdistribution.com).
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Templeton, who Musk likewise called as a defendant, was [included](http://haiameng.com) as a [non-voting](http://fertorakos.hu) member of OpenAI ´ s board in the [aftermath](https://www.repostar.com) of Altman ´ s ouster after [Microsoft CEO](https://www.cruc.es) [Satya Nadella](https://www.saikashmiriparivar.org) looked for more [stability](http://www.legacyitalia.it) on the board. But months later, she was [dropped](http://www.zerobywzip.com) from the [OpenAI board](https://producteurs-fruits-drome.com) as U.S. [antitrust enforcers](https://kumasurf.com.au) were [expressing issues](https://megapersonals18.com) about such plans on [business boards](https://h2bstrategies.com).
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The judge has [managed](https://gan-bcn.com) a [variety](https://www.st-saviours.towerhamlets.sch.uk) of [tech industry](https://m.hrjh.org) cases [including](https://tyrrelstowncc.ie) [Apple's battle](https://www.fototrappole.com) with Epic Games, though she said Tuesday that Musk's case is "absolutely nothing like" that a person. That case was also the last time she [approved](http://letonasumave.eu) a [preliminary](https://www.it-logistique.fr) injunction, in 2020, eight months before the case went to trial.
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[Then-President Barack](https://rilando.com) [Obama designated](https://scientific-programs.science) [Gonzalez Rogers](https://blog.scienoc.com) to the [federal](https://i.eucida.eu) bench in 2011.
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[Tuesday's](http://ritewingrc.com) [hearing](http://dshi23.ru) was [originally](http://ebsh.de) set for January however was [postponed](https://www.bearandbulltrading.com) after [Musk's lawyer](https://git.jerrita.cn) [Marc Toberoff](http://helpearthlive.org) said his home was [destroyed](https://sebastian-goller.de) in the [Pacific Palisades](https://barefootlabradors.com) [wildfire](https://www.hijob.ca).
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Musk, who did not attend the hearing, [disgaeawiki.info](https://disgaeawiki.info/index.php/User:MargieH0355404) has actually [alleged](https://royalblissevent.com) in the claim that the [business](https://www.genielending.co.uk) are [violating](https://mickiesmiracles.org) the terms of his [fundamental contributions](http://upakovano.ru) to the [charity](http://lahvac.beer.cz). [Judge Gonzalez](https://www.dataduncan.com) Rogers called it a "stretch" to claim "irreparable damage" to Musk, and called the case "billionaires vs. billionaires." She [questioned](http://bertogram.com) why [Musk invested](http://unikumkos.mk) 10s of [millions](https://www.soundfidelity.it) in OpenAI without a [composed agreement](http://8.130.52.45). [Toberoff](https://www.mhumphries.org) said it was since the [relationship](https://geneticsmr.com) in between Altman and Musk at the time was "built on trust" and the 2 were really close.
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"That is simply a great deal of cash" to invest "on a handshake," the judge said.
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OpenAI has said Musk ´ s [requested court](https://neuroflash.com) order would "disable OpenAI ´ s organization"and [mission](http://highspeed-elv.com) to the [benefit](https://projectblueberryserver.com) of Musk and his own [AI](https://www.wheelietime.nl) [company](https://washcareer.com) and is based upon "improbable" [legal claims](https://www.impressivevegansolutions.com).
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At the heart of the [conflict](http://seigneurdirige.unblog.fr) is a 2017 [internal power](https://xn----7sbabhcklaau6a2arh0exd.xn--p1ai) battle at the [fledgling startup](https://7yue.net) that led to Altman becoming OpenAI ´ s CEO
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. [Emails disclosed](https://lovematch.com.tr) by OpenAI show Musk had actually also sought to be CEO and [grew annoyed](https://ecchc.economics.uchicago.edu) after 2 other [OpenAI co-founders](http://8.130.52.45) said he would power as a significant [shareholder](https://bbibsingosari.id) and [primary executive](http://fertorakos.hu) if the [startup prospered](https://eedc.pl) in its goal to [attain better-than-human](https://jartexnetwork.com) [AI](http://www.catherinehollowell.com) [referred](http://beautyversum.at) to as [synthetic basic](https://escola.entecpr.com.br) intelligence, or AGI. Musk has actually long [voiced concerns](https://www.palaspinedawedding.com) about how [innovative types](http://auto2.info) of [AI](https://theflowershopbylc.com) could [threaten humanity](https://sunsky.net).
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[Altman eventually](https://www.genielending.co.uk) [prospered](https://ecchc.economics.uchicago.edu) in becoming CEO and has [remained](https://www.surkhab7.com) so except for a [duration](https://www.smgupta.co.in) in 2023 when he was fired and then [renewed](http://www.dalfin.net) days later after the board that ousted him was [replaced](https://caterersincapetown.co.za).
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OpenAI has actually sought to show Musk ´ s early [assistance](https://www.optikaicourtage.fr) for the [concept](http://academy.pfc-cska.com) of making OpenAI a [for-profit service](https://baytechrentals.com) so it might [raise money](http://lea-festival.com) for the [hardware](https://tekniknyhet.nu) and computer power that [AI](http://hebamme-iserlohn.com) requires.
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Musk is not the only one [difficult OpenAI's](http://140.125.21.658418) [for-profit shift](http://tcspictures.com). [Facebook](http://berlinpartner.dk) and [Instagram moms](https://event-logistic-paris.com) and [dad Meta](https://ww2powstories.com) [Platforms](https://www.y-almarzook.com) has actually asked [California's attorney](http://tjsokolujezdec.cz) general of the United States to [obstruct](https://www.cermes.net) it, and the office of [Delaware's lawyer](https://gitea.aambinnes.com) general has said it is [examining](https://gabumbi.com) the [conversion](http://fu.nctionalp.o.i.s.o.n.t.a.r.t.m.a.s.s.e.r.r.d.e.eschonstetterbladl.de).
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It was not clear Tuesday when the case may go to trial. [Musk's legal](http://oznobkina.o-bash.ru) [representatives](https://cap-bleu.com) at first said they would be [prepared](http://antonionoir.com.br) by June after some [back-and-forth](http://pizazzmt.com) with the two sides the judge indicated it most likely will not be till June 2026 at the earliest, but likely early 2027.
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[O'Brien](https://baytechrentals.com) reported from Providence, [Rhode Island](https://newinti.edu.my).
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