Apple Goes for OpenAI's Jugular

We all know the old saying "don't poke the bear." Less well known is the follow up: "because he might rip your fucking throat out." OpenAI, it seems, may be about to learn this lesson the hard way.

To be clear and fair, I have not seen the lawsuit Apple has filed against OpenAI alleging stolen trade secrets. Nor am I a lawyer. But I do like to think I know Apple fairly well after a couple decades writing about and reporting on the company. And around these parts, I've watched OpenAI fairly closely these past few years. My gut instinct here would be that there's no way Apple files such a lawsuit unless they think they have a strong case on what they're alleging.

I mean, you don't have to be close to the companies at all the sense this: they were, and in fact still are, partners! I mean, this is about to make OpenAI and Microsoft look like the greatest love story of all time. Or at least The Notebook. The Elon Musk situation, yeah it's complicated. Maybe it's like Past Lives or Marriage Story. But now the OpenAI and Apple relationship suddenly looks like Fatal Attraction.

I mean, my god.

The allegations are, um, not great. I'm honestly not even sure where to begin. CNBC seems to have a good summary of key parts of the filing so far:

Apple alleged that OpenAI’s chief hardware officer, Tang Tan, who is a former Apple vice president, has directed Apple employees interviewing at OpenAI to share Apple secrets as part of the interviewing process. Tan is named as a defendant in the suit.

“He has directed job candidates still working for Apple to bring ‘actual parts’ from Apple to their interviews for ‘show and tell’ sessions in which he and his team at OpenAI can elicit still more Apple confidential information,” Apple said in the filing.

Apple alleged that OpenAI coached departing Apple employees in how to evade security processes when leaving the iPhone maker, and that Chang Liu, a former employee who joined OpenAI, stole an Apple laptop. Liu is named as a defendant in the suit.

While Jony Ive is not mentioned in the suit, Tan is just about as high-profile as they come in terms of former Apple folks outside of the SVP level. Which is to say, these are very serious allegations against a very senior person – someone who spent 24 years at Apple.

So why now? I mean, this is clearly a Friday news dump – this crossed the wires just after the market closed. But it also seems timely:

“Recently, significant evidence has emerged suggesting individuals employed by OpenAI wrongfully took Apple’s secret and confidential information regarding our unreleased technologies, processes, and products,” an Apple representative told CNBC in a statement.

It all reads a bit as if Apple has been building up evidence of these allegations for some time and recently got their smoking gun. It's not just nebulous "trade secrets" either, there are specific mentions down to "metal finishing techniques" that Apple apparently invented and protected.

It also comes a little less than a month after OpenAI was rumored to be threatening Apple with a lawsuit over the perceived failure of their deal to bake ChatGPT into the iPhone. As I wrote at the time, even just that threat was clearly not going to go over well in Cupertino. If you're say, upset over Apple's new deal with Google around AI, this is not the way to air your grievances with this particular company. I went on to note:

Just for fun, let's go ahead and layer in a few more things.

First, Apple probably doesn't love the fact that OpenAI acquired the Jony Ive-founded io with the notion of building products that would break the chains that the iPhone has placed upon us. But they really can't love the fact that the team keeps poaching key Apple talent to help with such efforts.

And what if some of those people are also working on an actual iPhone competitor in the form of a phone, or a smartphone-like device?

I'm not saying that's the reason Apple may not have been as receptive to reworking any deal with OpenAI, but I'm saying that if there were such discussions, that dynamic probably didn't help matters!

Again, you poke the bear... it's a fucking bear. It's a move that seemingly so stupid that perhaps OpenAI was well aware that Apple was looking into all of the above and decided to try to get ahead of it? To what end? I don't know. Even with that in mind, it would be pretty stupid.

But even without their own threats of litigation, what did OpenAI think was going to happen when they poached so many folks from Apple, to work under the guidance of Ive no less? At best, Apple was going to hate them. At worst, well, this.

Speaking of, if any of these allegations are even partially true, it's hard to believe Tan or Liu or anyone at OpenAI could possibly be so stupid? Again, this is one side's allegations, and there's always going to be some level of moderation in what actually happened, but... I mean, either these allegations happened or they didn't?

And if they did. I mean, I keep saying "I mean" because I mean, beyond Tan and Liu, OpenAI itself would seemingly be in real trouble. Potential damages aside, this could sidetrack their hardware aspirations for years. Possibly forever. And seemingly just as they got the right software in place to make such things sing.

This would also, of course, not be a great look for the leadership of OpenAI. Yet another controversy and yet another messy divorce from yet another Big Tech trillion-dollar behemoth. If OpenAI isn't running out of friends, they're running out of people who would potentially work with them. They better hope these allegations are unfounded. But, I mean, this is Apple. And this is Apple going after the highest profile AI startup in the world. A partner of theirs, no less.

“This much is clear, however: at every level, from members of its Technical Staff to its Chief Hardware Officer, and in coordination with business partners, OpenAI has been stealing Apple’s trade secrets and confidential information,” the company said in a legal filing.

I mean...