Apple Accuses OpenAI of Evidence Destruction

Apple is seeking expedited discovery in its lawsuit against OpenAI, alleging the AI company is destroying evidence. The request, reported earlier by Bloomberg, stems from a recent inspection of a company-owned MacBook used by a former Apple employee now at OpenAI.

Apple filed its motion on Monday. It claims OpenAI only provided the laptop on August 21st, despite having possessed it since the lawsuit began in July. An inspection of the device allegedly found that the former employee, Chang Liu, downloaded a confidential Apple circuit schematic and used it in his work at OpenAI.

Allegations of Evidence Destruction

The core of Apple's new filing concerns messages found on the laptop. Apple alleges Liu discussed "the need to 'restore' and then 'start using' Apple-owned devices" after learning of an internal Apple investigation in June. The company claims these discussions were about "destroying the types of forensic data Apple needs."

Apple argues this shows a real risk. "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," the company states in its filing. This alleged behavior is central to Apple's push for a faster evidence-gathering process.

OpenAI's Counter-Argument

OpenAI has filed a response rejecting Apple's claims. The company argues the dispute is "a mess of Apple's own making." OpenAI blames Apple's employee exit procedures, calling them "a mess."

The AI firm maintains there is no proof of wrongdoing. "There is no evidence that Liu accessed any Apple information through improper means or for any improper purpose," OpenAI states. It adds that "Liu has no use for Apple confidential information." OpenAI also disputes the characterization of the laptop's handover timeline.

The Lawsuit's Origins

The case revolves around three former Apple employees who joined OpenAI. Apple's original lawsuit accuses OpenAI of stealing trade secrets to build an AI device. Chang Liu is a key figure in these allegations.

Beyond the schematic, Apple claims its inspection revealed Liu and others at OpenAI were "well-aware" of his continued access to Apple's third-party cloud storage system after his departure. This lawsuit represents a significant legal clash between the tech giant and a leading AI research company.

Apple's motion for expedited discovery is now before the court. The outcome could influence the pace and direction of the entire trade secrets case.