Apple accuses OpenAI of destroying evidence

Apple is pushing for “expedited discovery” in its legal battle against OpenAI over concerns the company is actively destroying evidence, as reported earlier by Bloomberg. In a filing on Monday, Apple alleges OpenAI only just handed over a MacBook used by a former employee at the center of the lawsuit, which contained discussions about “destroying the types of forensic data Apple needs.”

This is the latest development in Apple’s lawsuit against OpenAI, which accuses the ChatGPT-maker of stealing trade secrets to build an AI device. The lawsuit revolves around three former Apple employees who recently joined OpenAI, including Chang Liu, who allegedly kept a company-owned MacBook after leaving Apple.

Apple accuses OpenAI of failing to inspect the laptop “despite having the MacBook in their possession since the start of the lawsuit” in July. Once OpenAI finally provided the laptop to Apple on August 21st, an inspection allegedly found that Liu “not only downloaded a confidential Apple circuit schematic but also used it in his work at OpenAI.” Apple also claims Liu and others at OpenAI were “well-aware” of Liu’s continued access to Apple’s third-party cloud storage system.

Along with these findings, Apple’s inspection uncovered messages in which Liu allegedly discussed “the need to ‘restore’ and then ‘start using’ Apple-owned devices” after finding out about the company’s internal investigation in June. “The newly discovered evidence demonstrates the very real risk of evidence destruction,” Apple claims. “Important forensic artifacts on which forensic inspections rely — such as logs, metadata, and usage records—are transient and at risk of being lost, overwritten, or destroyed.”

At the same time, OpenAI argues in a filing that “this dispute is a mess of Apple’s own making,” and that the company is blaming others even though its employee exit process “is a mess.” OpenAI maintains that “there is no evidence that Liu accessed any Apple information through improper means or for any improper purpose,” adding that “Liu has no use for Apple confidential information.”