OpenAI’s ‘Rotten to the core’ defense is its weakest play yet

Ancient Greek sophist Protagoras famously said, “There are two sides to every question.” But OpenAI’s , the company does not meaningfully acknowledge the criticisms levelled against it, preferring instead to recast the case as a grievance over talent retention and product-market failure.

The filing

In case you missed the news, . In that filing, OpenAI argued that, “Apple should not be permitted to use a baseless and pretextual lawsuit to make up for its shortcomings in the market for talent and retaining its employees, and its failures to integrate AI into its products.”

The company’s dismissal claims Apple’s case was, “plainly filed without adequate investigation and built on selectively excerpted communications and ordinary conduct stripped of context,” adding, in a turn of phrase borrowed from Apple’s own complaint, that it is “rotten to its core.”

The narratives can change

As ever with litigation, these are allegations and counter-allegations rather than findings of fact. The value of the filings is that they show how each side wants the court, and the public, to understand the same disputed events. At the moment, we don’t yet know how Apple will respond to OpenAI’s response; it follows that company’s failed attempt to woo public opinion earlier in the week when it deployed what some see as a , as it develops a product that, to a layman like me, sounds likely to compete with Apple hardware. OpenAI says those recruitments reflect Apple’s failure to retain its staff; Apple argues its competitor is using exfiltrated confidential information to guide its hiring. The court will need to decide that story as well.

Ultimately, I don’t expect OpenAI’s efforts to have the court reject Apple’s lawsuit to succeed.  and sought access to secret manufacturing processes Apple developed with them.

Once again, it will be up to the courts to decide whether those events took place, or if OpenAI’s defense has substance. Given that this dispute centers on product design and involves the AI company’s growing army of former Apple design and development staff, I find the denial hard to accept. But courts tend to make their own decisions, for good, or for ill. 

Fight or settle

What happens next? I think this attempt to reject the original litigation will fail, which means the case will enter the discovery process before one of two outcomes becomes more likely: A bitter public battle that lasts for years and might well end up in the Supreme Court, or an out-of-court settlement shaped by which side gains the most compelling evidence.

Like any war, there are really only two options: one side fights until the other can no longer continue, or both sides find a way to settle. The path to settlement may begin by recognizing that two stories can be applied to the same facts, and that the version closest to the truth often sits somewhere between them. I’m not a lawyer and I don’t have insider insight into the practicalities of the case, but based on what has been revealed so far, the most plausible combined story may be that Apple’s own vulnerabilities helped create an environment OpenAI chose to exploit. If so, Apple’s legal team will be searching hard for evidence of intent.

I expect they’ll find it.

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