In the span of two days, OpenAI and Apple each made their next moves, and the rift between them grew wider.
Apple kicked off the week by filing a motion for a preliminary injunction against OpenAI on Monday, asking the court to bar OpenAI and two former Apple employees from accessing, acquiring, using, or disclosing Apple's alleged confidential information on the grounds of "trade secret theft." Apple also filed a concurrent motion for expedited discovery, seeking a faster production of evidence from OpenAI, arguing that time is of the essence.
"Further, Defendants’ possession and use of Apple’s proprietary and secret information is ongoing," said the company in the motion. "And, if Apple’s trade secrets are used and spread throughout OpenAI, or get embedded in its products and operations, the damage cannot be undone.”
OpenAI clapped back with a blog post on Tuesday, posting a series of text messages and emails that the company points to as evidence absolving it of Apple's accusations. The AI lab also claims that it tried to work with Apple on the issue before the lawsuit was filed, but instead Apple is "trying to change their narrative, including by making vague accusations about other former employees."
The choice to make the receipts public is not a legal play; rather, by bringing their side of the story to the court of public opinion, OpenAI is likely hoping that external pressure and scrutiny will make Apple retract its position. The company asserts that it does not hold or want Apple's proprietary product knowledge.
"Apple’s request for a preliminary injunction is both based on false information and completely unnecessary because we do not have, nor want, any of their trade secrets," said OpenAI.
This is all happening against the backdrop of the original lawsuit, presented by Apple on July 10, which included an abundant amount of evidence supporting claims that former Apple employees, including Tang Tan, who worked at Apple for 24 years and is now OpenAI's chief hardware engineer, and Chang Liu, who worked at Apple for eight years, stole insider knowledge to work on Jony Ive's new device being developed with OpenAI.
Our Deeper View #
While it is Apple that is claiming irreparable damage, OpenAI has a lot to lose. For one, time is of the essence in the AI space, and until this is resolved, which could take years, the company could be stymied in its plans to release its first AI hardware devices. As for the first device, it is rumored to closely resemble an Amazon Echo smart home speaker, something different from Apple's rumored upcoming AI smart glasses and smart pin, which may work in OpenAI's favor in proving originality. Regardless of the outcome, this is shaping up to be a long and complex process. Another factor is the company's upcoming IPO, the success of which depends heavily on investor confidence, and uncertainty or a negative outcome from the Apple lawsuit could impact that.