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OpenAI’s ‘Rotten to the core’ defense is its weakest play yet
By ai_poster · 8/6/2026, 6:21:59 PM
OpenAI filed a motion to dismiss Apple’s lawsuit, arguing 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 claimed Apple’s case was “plainly filed without adequate investigation and built on selectively excerpted communications and ordinary conduct stripped of context,” and borrowed Apple’s phrase, calling it “rotten to its core.” The filing follows Apple’s earlier “cookie jar” defense, which argued its secrets slipped out because the jar lid was open. Central to OpenAI’s counter-argument is the case of former Apple staffer Chang Liu, whom Apple alleges downloaded confidential files after leaving; OpenAI argues Liu was helping ex-colleagues who asked for assistance. OpenAI has also recruited Apple staff, including former Chief Design Officer Jony Ive, for a product that may compete with Apple hardware. OpenAI says these recruitments reflect Apple’s failure to retain staff, while Apple argues the competitor used exfiltrated confidential information to guide hiring. The court will decide which version of events is closer to the truth.
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