OAKLAND, Calif. (AP) - Elon Musk’s legal representatives took on 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 transforming itself to a for-profit company.

U.S. District Judge Yvonne Gonzalez Rogers said it was a “stretch” for Musk to claim he will be irreparably hurt if she does not intervene to stop OpenAI from with its shift from a nonprofit lab to a for-profit corporation.

But the judge likewise raised issues about OpenAI and its relationship with company partner Microsoft and said she wouldn’t stop the case from transferring to trial as quickly as next year so a jury can choose.

“It is plausible that what Mr. Musk is saying is real. We ´ ll learn. He ´ ll sit on the stand,” she said.

Musk, an early OpenAI investor and board member, took legal action against the artificial intelligence company in 2015, initially in a California state court and later on in federal court, declaring it had betrayed its starting aims as a not-for-profit research study laboratory benefiting the general public good. Musk had invested about $45 million in the start-up from its starting until 2018, his attorney said Tuesday.

Musk escalated the legal conflict late last year, including brand-new claims and defendants and requesting for a court order that would stop OpenAI ´ s prepares to transform itself into a for-profit organization more totally. Musk likewise included his own AI company, xAI, as a plaintiff.

Also targeted by Musk’s claim is OpenAI’s close business partner Microsoft and tech entrepreneur Reid Hoffman, a previous OpenAI board member who likewise rests on Microsoft’s board.

Gonzalez Rogers said she has a high bar for approving the kind of initial injunction that Musk desires however hasn’t yet ruled on the demand. She did say she had “significant concerns” with two individuals connected 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 think that she was sitting there listening to all the discussions and not informing anybody? What would the point be for her to sit there and listen to everyone, if not to communicate what she was listening? There would be no point for her to be there, which is why she in fact needs to not exist,” she said.

Hoffman, larsaluarna.se a co-founder of LinkedIn, has actually been on Microsoft ´ s board considering that soon after the tech giant bought the task networking website. He stepped down from OpenAI’s board in 2023 to avoid conflicts with his AI startup, Inflection.

Templeton, who Musk likewise named as a defendant, was included as a non-voting member of OpenAI ´ s board in the consequences of Altman ´ s ouster after Microsoft CEO Satya Nadella sought more stability on the board. But months later, she was dropped from the OpenAI board as U.S. antitrust enforcers were revealing concerns about such arrangements on business boards.

The judge has managed a variety of tech industry cases consisting of Apple’s battle with Epic Games, though she said Tuesday that Musk’s case is “nothing like” that a person. That case was also the last time she approved an initial injunction, in 2020, 8 months before the case went to trial.

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

Tuesday’s hearing was initially set for January but was postponed after Musk’s attorney Marc Toberoff said his home was destroyed in the Pacific Palisades wildfire.

Musk, who did not participate in the hearing, has declared in the claim that the companies are violating the regards to his fundamental contributions to the charity. Judge Gonzalez Rogers called it a “stretch” to claim “irreparable harm” 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 because the relationship between Altman and Musk at the time was “developed on trust” and the two were really close.

“That is simply a great deal of cash” to invest “on a handshake,” the judge said.

OpenAI has actually said Musk ´ s requested court order would “cripple OpenAI ´ s business”and objective to the advantage of Musk and [users.atw.hu](http://users.atw.hu/samp-info-forum/index.php?PHPSESSID=610e7c0c5f06cf4510462b5ba1793b01&action=profile