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Apple accuses OpenAI of destroying evidence

The Verge ·

Apple has asked a court for "expedited discovery" in its trade secrets lawsuit against OpenAI, alleging the company is destroying evidence linked to a former Apple employee now working there. The dispute centres on Chang Liu, one of three ex-Apple staff at the heart of the case, who allegedly kept a company-owned MacBook after leaving Apple and used confidential material in his OpenAI work. The escalation matters because Apple says forensic evidence such as logs and metadata is at risk of being permanently lost the longer OpenAI delays handing over devices.

Apple claims OpenAI only recently surrendered Liu's MacBook, on 21st August, despite having had it since the lawsuit began in July, and that an inspection then revealed he had downloaded and used a confidential Apple circuit schematic, alongside continued access to Apple's cloud storage. Apple also cites messages in which Liu discussed "restoring" Apple-owned devices after learning of the company's internal investigation in June. OpenAI has hit back, calling the situation "a mess of Apple's own making," blaming Apple's employee exit process, and insisting there is no evidence Liu accessed or had any use for Apple's confidential information.

  • Apple seeks urgent discovery, alleging OpenAI is destroying evidence
  • Case centres on ex-Apple engineer Chang Liu and a withheld MacBook
  • OpenAI denies wrongdoing, blames Apple's own exit process

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Apple and OpenAI are technology companies that make, among other products, software and artificial intelligence tools. Apple has sued OpenAI, alleging that former Apple employee Chang Liu kept a company-owned MacBook and used confidential Apple material after joining OpenAI.

The case concerns trade secrets: information a company keeps private because it may give it a business advantage. Apple says the computer and related records could help establish what Liu accessed, while OpenAI disputes that he used confidential information and says Apple’s departure procedures contributed to the situation.

The dispute matters because digital records such as access logs and file details can be lost or changed over time. A court may allow evidence to be collected sooner while it considers the wider lawsuit.

Both sides, in good faith

The strongest fair case each way — we don't pick a winner.

The case for

Apple’s strongest case is that a former employee retained a company MacBook, accessed confidential material and Apple cloud storage, and discussed restoring devices after learning of an investigation. If forensic logs and metadata may be lost with time, expedited discovery could preserve evidence needed to establish what happened and protect trade secrets.

The case against

OpenAI’s strongest case is that Apple’s own exit and device-recovery process may have allowed the situation to arise, and that possession of a schematic or access to storage does not by itself prove Liu used confidential information in his work. It can argue that accusations of evidence destruction should not be treated as established before the court examines the timing, device handling and available records.

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