OpenAI Tells Court Apple’s Trade-Secret Case is "A Mess of Apple’s Own Making"
Apple logo on phone screen and OpenAI logo in the background. Credit: Thrive Studios ID via Shutterstock.com
OpenAI has argued in court that Apple (learn more) created the circumstances it now labels as theft, stating:
"This dispute is a mess of Apple’s own making, and it is trying to blame everyone else."
This response was filed in the US District Court in San Jose on Monday, in reaction to Apple’s lawsuit filed in July, which accused departing employees of taking hardware designs to OpenAI, including prototypes shown during job interviews.
The original complaint provided detailed descriptions of prototypes, which Apple claimed were created during "show-and-tell" interviews. However, proving actual misappropriation of information is a separate matter.
OpenAI’s defense focuses on Apple’s data management practices, arguing that the company’s policies encouraged employees to use personal iCloud accounts for work, blurring the lines between corporate and personal data.
"Apple cannot transform the foreseeable consequences of its own systems and policies into evidence of theft."
This argument, made in a motion to dismiss in August, was reiterated in the latest filing, using stronger language.
OpenAI’s strategy is unusual as they do not deny that work-related information may have ended up in personal accounts. Instead, they challenge the interpretation of this data transfer. If Apple encouraged or allowed employees to use personal accounts for work, the presence of company information could be considered a natural result of Apple’s policies, rather than evidence of theft.
OpenAI has also publicly disputed Apple’s claims, accusing the company of presenting a misleading timeline in a blog post titled "Apple is getting this wrong."
This public dispute adds an extra layer to the case, particularly as neither side seems to be backing down.
The legal validity of this argument is a separate issue. Trade secret law often considers a company’s measures to protect confidential information, meaning Apple’s device, account, and data policies could become key aspects of the case.
At the heart of this dispute is a battle for talent. OpenAI, working on a family of devices, seeks engineers with Apple-level hardware expertise. California’s employment laws make it challenging to directly contest such recruitment, as non-compete agreements are largely unenforceable in the state.