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<br>OAKLAND, [setiathome.berkeley.edu](https://setiathome.berkeley.edu/view_profile.php?userid=11815292) Calif. (AP) - Elon Musk's legal representatives took on with OpenAI in court Tuesday as a federal judge weighed the billionaire's ask for a court order that would obstruct the ChatGPT maker from transforming itself to a [for-profit business](https://topteamwork.nl).<br> |
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<br>U.S. [District Judge](https://www.randilesnick.com) [Yvonne Gonzalez](https://www.infotopia.com) Rogers said it was a "stretch" for Musk to claim he will be [irreparably harmed](https://www.al-menasa.net) if she doesn't intervene to stop OpenAI from moving on with its shift from a [nonprofit lab](http://kansaicr.sakura.ne.jp) to a for-profit corporation.<br> |
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<br>But the judge also raised concerns about OpenAI and its relationship with service partner [Microsoft](https://www.alab.sg) and said she wouldn't stop the case from moving to trial as quickly as next year so a jury can decide.<br> |
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<br>"It is possible that what Mr. Musk is saying is real. We ´ ll find out. He ´ ll sit on the stand," she said.<br> |
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<br>Musk, an early [OpenAI investor](https://vezonne.com) and board member, took legal action against the expert system company last year, [initially](https://service.lanzainc.xyz10281) in a California state court and later in [federal](https://git.xedus.ru) court, declaring it had [betrayed](https://whitesealimited.com) its founding aims as a not-for-profit research study laboratory [benefiting](https://geox-group.com) the public great. Musk had actually invested about $45 million in the start-up from its founding up until 2018, his legal representative said Tuesday.<br> |
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<br>Musk escalated the legal dispute late last year, adding [brand-new claims](https://bebebi.com) and defendants and asking for a court order that would stop OpenAI ´ s plans to convert itself into a [for-profit business](https://git.ycoto.cn) more completely. Musk likewise included his own [AI](http://tuobd.com) company, xAI, as a plaintiff.<br> |
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<br>Also targeted by Musk's claim is OpenAI's close company partner Microsoft and tech entrepreneur Reid Hoffman, a previous OpenAI board member who also rests on Microsoft's board.<br> |
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<br>Gonzalez Rogers said she has a high bar for [approving](http://www.michelblancmusicien.com) the type of [preliminary injunction](https://www.kalkanstore.nl) that [Musk desires](https://centrapac.com) however hasn't yet ruled on the demand. She did say she had "considerable issues" with 2 people connected to [Microsoft](https://intexservices.com.au) on [OpenAI's board](https://www.e-reading-lib.com) - Hoffman and [wiki.asexuality.org](https://wiki.asexuality.org/w/index.php?title=User_talk:LaurelDarrow972) long time Microsoft executive Deanna Templeton, who was a "non-voting observer."<br> |
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<br>"So you desire me to believe that she was sitting there listening to all the conversations and not telling 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.<br> |
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<br>Hoffman, a co-founder of LinkedIn, has been on Microsoft ´ s board given that shortly after the tech huge bought the task networking site. He stepped down from OpenAI's board in 2023 to prevent disputes with his [AI](https://www.shopmag.cz) startup, Inflection.<br> |
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<br>Templeton, who Musk also named as an offender, was added as a [non-voting](https://www.gabriellaashcroft.co.uk) member of OpenAI ´ s board in the consequences of Altman ´ s ouster after [Microsoft CEO](http://vereda.ula.ve) Satya Nadella sought more stability on the board. But months later, she was dropped from the OpenAI board as U.S. antitrust enforcers were [expressing](https://service.lanzainc.xyz10281) issues about such plans on business boards.<br> |
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<br>The judge has actually handled a number of tech market cases [consisting](http://arcklin.net) of [Apple's battle](https://haringeyhuskies.com) with Epic Games, though she said Tuesday that Musk's case is "nothing like" that one. That case was likewise the last time she granted a preliminary injunction, in 2020, eight months before the case went to trial.<br> |
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<br>Then-President Barack [Obama designated](https://www.v9designbuild.com) [Gonzalez](https://chikakimisato.com) Rogers to the federal bench in 2011.<br> |
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<br>Tuesday's hearing was originally set for January however was delayed after [Musk's lawyer](http://teamgadd.com) [Marc Toberoff](http://erboristerialalavanda.it) said his house was [damaged](http://hquickonlinenews.com) in the Pacific Palisades wildfire.<br> |
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<br>Musk, who did not go to the hearing, has alleged in the claim that the companies are breaching the regards to his fundamental contributions to the charity. [Judge Gonzalez](https://martopopov.bg) Rogers called it a "stretch" to claim "irreversible harm" to Musk, and called the case "billionaires vs. billionaires." She questioned why Musk invested tens of millions in OpenAI without a written contract. [Toberoff](https://eroc.pl) said it was because the [relationship](https://newwek.ru) between Altman and Musk at the time was "constructed on trust" and the two were very close.<br> |
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<br>"That is just a lot of cash" to invest "on a handshake," the judge said.<br> |
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<br>OpenAI has said Musk ´ s requested court order would "disable OpenAI ´ s service"and objective to the [advantage](http://strangetimes.lastsuperpower.net) of Musk and his own [AI](http://www.amicimuseisiciliani.it) [business](http://auto-illatosito.hu) and is based on "far-fetched" legal claims.<br> |
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<br>At the heart of the disagreement is a 2017 [internal power](https://gitlab.iue.fh-kiel.de) struggle at the new start-up that led to Altman ending up being OpenAI ´ s CEO<br> |
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<br>. [Emails revealed](https://sklep.prawnik-rodzinny.com.pl) by OpenAI show Musk had actually also sought to be CEO and after two other OpenAI co-founders said he would hold too much power as a significant investor and primary executive if the startup succeeded in its objective to attain better-than-human [AI](https://urbanmarkethub.com) [referred](http://www.futbol7andujar.com) to as [synthetic](https://otohondalocvuongnamdinh.com) general intelligence, or AGI. Musk has long voiced issues about how sophisticated types of [AI](https://www.pilotman.biz) could threaten mankind.<br> |
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<br>Altman eventually succeeded in becoming CEO and has remained so except for a [duration](http://farmaceuticalpartners.com) in 2023 when he was fired and then renewed days later after the board that ousted him was changed.<br> |
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<br>OpenAI has actually sought to demonstrate Musk ´ s early assistance for the idea of making OpenAI a for-profit company so it could raise cash for the hardware and computer system power that [AI](https://designconceptsbymarie.com) requires.<br> |
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<br>Musk is not the only one challenging OpenAI's for-profit shift. Facebook and [Instagram moms](https://www.ketaminaj.com) and dad Meta Platforms has actually asked California's attorney general to obstruct it, and the [workplace](https://drdrewcronin.com.au) of [Delaware's attorney](http://www.sunti-apairach.com) general of the United States has said it is evaluating the [conversion](https://thebarberylurgan.com).<br> |
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<br>It was not clear Tuesday when the case might go to trial. [Musk's lawyers](https://www.kukustream.com) at first said they would be prepared by June after some [back-and-forth](https://www.ycrpg.com) with the two sides the judge indicated it most likely won't be until June 2026 at the earliest, however likely early 2027.<br> |
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<br>O'Brien reported from Providence, Rhode Island.<br> |
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<br>-------<br> |
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