OpenAI’s Protagorean defense extends a little further, of course, as the company also said it had “no use, need or desire for Apple’s trade secrets” because it is building “something entirely new.” This may surprise Apple, which has already alleged that OpenAI contacted its manufacturing partners 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.