Tony Fadell, the inventor of the iPod and co-inventor of the iPhone, and later Nest founder, commented this in Stratechery about the lawsuit when filed:
"This is Apple’s typical tactic to scare Apple employees — either former or current. I heard this lawsuit was driven by the Apple board.
Steve threatened to file a lawsuit against Nest for poaching 80-100 Apple employees. He called me, screamed for a while with lots of accusations. Then I said, “Steve, it’s Apple’s job to retain its talent, not mine.” He stopped his rant and then we went on to talk about our families and vacation plans. We kept hiring…"
I think that's just standard across the US. But the unions are a people problem not a company problem necessarily. People can still form unions even with massive investments to squash them.. Europe has proven that. But the story told to all US workers SEEMS to be, you have to suffer and grind to make money.
I might be wrong but that's the impression I get when talking with US people about unions and workers rights.
If Tony and Steve were friends, that's not Apple being cutthroat. Cue: the chapter about poaching from friends in Ben Horowitz's The Hard Thing About Hard Things. If you cross that line and poach from your friends, expect to hear about it. Another example: https://www.reddit.com/r/EntrepreneurRideAlong/comments/1jgz...
It's worse. "Cutthroat" implies being ruthless but legitimate. So-called "poaching" is completely moral and legal, whereas trying to get others not to "poach" "your" employees is immoral and illegal.
There's a bright, clear line between targeted attempts to hire someone who has a job working for a competitor, and trying to get that person to take confidential information with them when they switch jobs. The latter is wrong and will rightfully result in legal action. The former is perfectly fine, and good for employees, which I'd wager still includes most of this site's audience despite the startup-founder focus.
Remember, employers don't own the people who work for them. They cannot be "poached." They can only be given a better offer. If your employee decides they'd be better off working for your competitor instead, then you have only yourself to blame for not giving them enough incentive to stay. Either up your game, or give them a friendly goodbye.
I'm no OpenAI apologist here, but I appreciate this perspective. Apple definitely played their timing right for maximum pre-IPO damage. It gives them tremendous negotiating leverage on a possible settlement which could give them a chunk of OpenAI.
I think it's notable that Apple is vague about what was actually stolen and what OpenAI has actually received.
I read into these PR blasts, lawsuits that Apple is sour about losing employees to higher salary opportunities, and is likely using lawsuits instead of higher salaries to retain them.
Jobs had something to prove though. He was kicked out, brought back, he definitely wanted to ensure his legacy. But while I don't agree with it, I think it's harder to be an ethical company that makes it to a billion than a non ethical one. When shareholders are involved you don't have a choice really.. You're obliged to maximize their earnings.
Sometimes I think it’s time to give shareholder supremacy a rest. If they don’t like what they own, they can sell it. But this is probably also why I’m not on a board of directors.
This entire OpenAI hardware thing is a vanity project by Sam Altman wanting really bad to be Steve Jobs. Just look at this comical announcment photo and letter from last year https://openai.com/sam-and-jony/. If this lawsuit results in the whole thing getting canned it might actually be good for OpenAI because it'll save them from pouring further billions down the drain over what will eventually be the Humane Pin 2.0.
I wonder why so many ex apple followed this particular path of Kool Aid? or maybe this says more about how the rank and file are just as susceptible to kool aid as any average Silicon Valley schmuck
The slurping of the kool-aid is not limited to SV. I've seen it at a couple of companies I've worked at in the past. Both were media/post type of studios where one you've probably heard of before and the other probably not. They both had employees that had their tongues stained the color of the kool-aid they drank. Seeing people wearing the SWAG shirts and hats of the company they work for in the office is just so cringe to me.
I don't think it's Kool-Aid, I think it's "Apple has notoriously low salaries for a FAANG and OpenAI will probably have a trillion-dollar IPO". You can see right through Altman's charade and still want to work for him for equity.
If he really wants to be Steve Jobs he needs to get a woman pregnant the 'traditional' way and then abandon his child, but later proceed to name an expensive product after the child. Which I don't think is on the table as an option for Altman.
There was no need for Jobs to be so disrespectful towards a great many people either. I'm really quite done with the "Don't speak ill of the dead" social convention.
A lot of the discussion here is pretty surprising. Saying "The information is in people's heads" is wild considering the allegations involve taking screenshots of documents, not just fond memories of working on hardware. Apple deserves a lot of criticism for how it's acted when losing employees, but these allegations are about a lot more than that.
If OpenAI is willing to encourage people to commit literal crimes on their behalf as clumsily as we've seen evidence of, why would they hesitate to try and shift opinion on a site like this? Plus there has always been a bitter contingent of devs that hate the terms of getting on the App Store, and people who hate any hardware they can't fully control from the NAND up.
> And, [OpenAI] said that Apple didn’t admit to the claim that the “residual access” allowing former employees to access Apple’s system was the result of poor security procedures on Apple’s part.
Sam "I hack others by mistake" Altman dunking on the security practice of others is funny, is there any glass house he won't go to?
The outcome shouldn't depend whether they had "poor" security anyway. If I leave my front door locked, it might increase the chances I get robbed, but it doesn't make robbing me legal.
Sure, but this is about IP law instead of physical goods.
This is like if you left your door wide open, and a neighbor peaked in and told another neighbor about your decor or what posters are on the walls.
You didn’t lose anything tangible, but something you wanted to be secret isn’t anymore. Where the balance of blame falls is up to you, but I do think to some degree that if you want to keep a secret and can’t put in the bare minimum effort to even try to protect it then you own some of the blame.
The difference is there's no laws around your home decor, but there is a clear legal framework around trade secrets. Apple's allegation is that a vulnerability was exploited to access some of the data as well which, if true, carries potential CFAA criminal charges.
For trade secrets, it only requires "reasonable measures" even just having an NDA is enough, even if the rest of your security is wide open. Just because someone found a loophole or grabbed files before their access was revoked doesn't make it legal (under trade secrets law).
Almost certainly the employees at some point in their tenure at apple signed some duty of confidentiality, or some acceptable use policy, etc. which is grounds enough for illegal misappropriation. "You didn't lock down their access enough" isn't a valid legal defense.
Having access doesn't mean you are allowed to access something. Let's say I started working at a new company and notice I can still access the source code at my old company. This doesn't mean I am allowed to download it and give it to my new employer even if we just use it as a reference.
> You really don't want the law to be "Well you didn't lose a physical thing, so why should it be illegal?"
There are people who feel this way, so it's possible that the parent comment does actually want it to be this. You're 100% correct that this doesn't describe the law right now though, which is what actually matters for this lawsuit.
It isn't ever quite that simple. It also depends whether that person only used information that is publicly available to deduce how to do it at the new company.
It's more like if you left your door unlocked, and I hire somebody to break into your house and make copies of documents you left sitting on the counter. They discover that the door is unlocked so their job is real easy, hooray! Doesn't matter, still very illegal, and both I and the person I hired should be prosecuted for it.
It makes breaking and entering legal because no breaking to enter happens. It allows people to move in and squatting is now in play so they could lock you out and call police if you try to enter.
No. Unlocked door != legal entry. "Breaking" in B&E doesn't require any physical damage. Pushing open an unlocked door or entering a place without authorization counts. If I leave my home to go to the store, and leave the door unlocked and someone walks in, they are still committing a crime.
There are also no tenant protections for criminal intruders, squatter protections require a claim of right like a disputed lease or a holdover tenancy, or continuous possession over many years. Someone that just walks into a residence is an active trespasser and can be arrested for criminal trespass or burglary.
Funny enough, I had some valuable stuff (including my passport!) stolen from my car, which I'd left unlocked because I was moving some heavy boxes. The police in my area (bay area) said they couldn't really do anything about it because they didn't break a window.
I don't know exactly what legal technicalities are involved, but this did actually happen to me in a de facto sense!
That's cops being lazy because they now don't need to write a report for your car insurance to replace the non-broken window. However, your homeowners or renters insurance may cover the stolen items. In general, there's probably nothing to do about stolen items from a car because literally anyone could have done it and it's not like your car was a sterile environment to begin with (millions of fingerprints and pieces of random DNA everywhere). To give them the benefit of the doubt, why should they expel manpower and resources over items that your insurance will replace when those resources could be put to use in investigating violent crimes? Although in reality, even with photographic evidence and location tracking of the stolen items, the cops still probably won't do anything other than write a report unless it's a very slow day.
That is both a yikes (towards Apple) and very unethical (towards OpenAI and the engineers who did this). Why do people do these things? Do you have no shame that you might have a harder time landing future jobs if you're perceived as someone who might sell out your future employer on a whim and steal proprietary information?
Also likely a healthy dose of confidence that they wouldn't get caught (seemingly overconfidence, but I suppose maybe they were just extremely unlucky)
Even then, I don't really understand the logic, because it seems like that doesn't take into account the risks and magnitude of the downside. The downside of losing a lot of money from lawsuits or even potentially going to jail is pretty huge, and I don't see how to make the expected value come out positive when any more money beyond "I can safely retire immediately" honestly wouldn't make my life significantly happier.
All this is moot of course because I'm weird and don't have any desire to make money from things I don't consider ethical even if I knew for sure I could get away with it, but I can at least understand other people not feeling constrained in that way (or not finding this particular thing unethical, since from a lot of these threads it's clear that the idea of "trade secret" as something legally protected is not universally popular). This crime in particular just doesn't seem like a smart one to do even for people who don't mind the idea of making money from it.
Some industries (e.g. law) are close knit, at the top level everyone knows everyone, you’d get blacklisted for pulling stuff like this.
But tech isn’t like that, there’s always a new startup and a new VC firm that don’t care that you ripped off every single previous person you worked with, stole trade secrets… maybe this time will be different
Not that I've done a ton of hiring, but no, that hasn't been common anywhere I've worked. The tech world is huge, it's easy to go somewhere else, outside of whatever bubble of people you've burned in the past, and start again.
When you’re in these circles there is pressure to earn even more money (which is part of the employee retention plan). There is always someone richer. There is always a property you would like to buy.
Sure, and when they do it for stuff where they're at risk of getting caught, it's confusing too. I'm not particularly motivated by money, which makes it pretty easy for me to not have any desire to take risks like breaking the law for money, but I can at least comprehend that for some people who are more motivated by money compared to other things, there might be some crimes where the risk/reward ratio ends up making it appealing. What I never understand is people doing crimes when the likelihood and magnitude of the risk are both so high compared to the actual upside if you manage to get away with it. I can't imagine they're making enough money from this to make it a worthwhile risk, so it's not clear where the cognitive dissonance is. Do they think that OpenAI is going to be so rich and powerful in the future that their gratitude will pay off even more in the long run? Are they way overconfident that they can pull it off without consequences? I can't even begin to wrap my head around any of the scenarios individually, much less have any insight into which one they bought into.
Future jobs? I thought AGI was the future of work!
And plus, their duty is to a higher cause! All humanity needs them to win, so that the superintelligence is “aligned” to their superior values… like “all’s fair in love and war”! (/s)
…rumblings of “divine mandate” in there somewhere…
I thought AGI was supposed to come soon? Wasn't Sam Altman saying that it would come last year? I would love to see genuinely demonstrations of these labs different AGI attempts because I am a skeptic on AGI, I'm fine with LLMs.
Ah, probably why he thinks its such a great idea to have ChatGPT make a podcast about your children to listen to instead of, you know, talking to them.
Maybe Apple will buy Open AI at a rock bottom price after this lawsuit.
I've used chatGPT voice conversation tech since Sept 2023 and was expecting the new Siri to match the user experience. The new Siri is far far away from matching chatGPT's voice tech. The new Siri is smarter and can now answer your question for anything yet it's SLOWer and you can not have a full conversation with it. I continually have to say "Hey Siri," to continue the conversation on my iPhone 15 Pro Max. Yet with the chatGPT app I can have a full conversation making me think Open AI's voice conversation tech is light years ahead of the new Siri.
You aren't supposed to have a full conversation with Siri, it's an assistant not a chatbot. Tell it to do a task, and it does the task. In those leaked system prompts/instructions Apple pretty explicitly wants to avoid conversational engagement to stop the whole "AI friendship" crap from happening.
I can get a lot done in the car talking to chatGPT where i use voice conversation the most. I do not use it for an AI friend but as a voice assistant who can get things done for me quicker then picking up my phone in the car, when it's across the room, when i dont want to pick up my phone and etc, etc.
Apple is working now on a slew of devices focused on voice as Open AI (Space X is purportedly working on an AI focused phone / device) too. Thus, I had anticipated Siri to match the same experience of GPT.
You’ve got to realize that you’re comparing a server farm running gpt to a model running for most things locally, on the oldest phone that supports it. It’s as close to apples to oranges as you can really get, yet I’d argue the Siri ai revamp is pretty impressive given these considerations.
Well Apple is building a slew of AI voice devices, Open AI is too and purportedly so is Space X creating an AI focused phone.
We'll see if consumers embrace it, but ive been using chatGPT's voice conversation tech since Sept 2023 especially while driving to get things done. For me it feels like the next natural UX Internet usage paradigm.
I cannot imagine there is any value in OpenAI for Apple. They don’t need to own an AI lab, they can rely on open source for free and fine tune to their need. But really, so far what makes Apple great is that they *have not* pushed for AI in everything!
In fairness, that's an incredibly glaring MDM problem that was always going to blow up like a landmine if Apple didn't address it. I'd expect the macOS MDM policy to cover this if Apple was actually concerned about IP leakage.
Yup - exactly. Its crazy they havent developed a solution to this for their customers (let alone themselves) or bought out one of the companies that tries
It's like a cartoon where the monkey finds the ruby, another takes it from his hand, another takes it from his hand, then a gorilla bonks them on the head and runs off with it, only to have it snatched by a swinging monkey who loses it to a python who drops it into the mouth of an alligator... who brings it deep underwater... accidentally swimming into the mouth of a giant whale, where inside the whale is an island where he coughs up the ruby, it's ejected out the blowhole high into the air before landing atop a tree and hitting every branch on the way down landing before a monkey who finds the ruby, another takes it from his hand, another takes it from his hand...
"he took advantage of an authentication bug to gain access to Apple’s confidential third-party cloud repository to download at
least thirty-seven highly sensitive and proprietary technical documents related to, among other things,
Apple’s hardware technologies and research and development."
Anybody know what they mean by "third party" ? Who provides Apple internal employees with a cloud repository?
Looking at things from multiple perspectives and trying to see validity in each point of view is a virtue, not a vice. I really hate that "both-sides" has become a copy-paste insult by ideologues.
It's a virtue when there is validity to both sides.
But it's extremely harmful when there isn't.
"Alice says murder is bad, while Bob says murder is a fun and healthy recreational activity. Trying to see validity in each point of view is a virtue, not a vice." See, it doesn't work.
The point is you need to TRY in order to have a chance of finding validity. No one is talking about murder here, which a pretty trite counterexample.
In the case of Apple and OpenAI, since that's actually what we're talking about: why is it wrong to suggest that there may be validity to each other's points of view, especially given that we don't have all the facts?
This, and the books, and the government contracts, and the distillation… It’s like that one friend who complains how drama always finds them and they are clueless why.
The whole affair and the blog post feels like proxy signal to potential investors from OpenAI that they have now developed/acquired tech that is worth enough to grab Apple's attention ?
It's OpenAI still trying to maintain control of the narrative while they burn to the ground. For years they haven't really delivered while bullying anyone who doesn't have an "AI strategy".
> Both sides should learn to remain silent and work the case through legal channels.
This isn't a "both sides" situation.
OpenAI is posting drama blog posts. Apple isn't doing that.
"Apple says" in the headline here actually means: Apple filed for a preliminary injunction with the court and since that is a public record we are reporting the contents of it.
Huh? Apple is literally working through legal channels, the article is pulled from the court filings which are public record. OpenAI is the one making blog posts.
I have never gone from one job to another where the new job was in the same exact industry I was in prior, but I'm glad I never have to be thrown into such a scenario where I'm accused of taking confidential data, I can only imagine for some employers that makes you a red flag, very dangerous territory to be in.
The only time I did that, the company I was leaving begged me to take one of their corp laptops with me so I could offer "consulting" to them on the side. I never called them on their plausible deniability, I just said I felt that would be a conflict of interest and they shut up real fast.
Can you elaborate on the plausible deniability part.
Was your past employer trying to make best of the situation by hoping to fish for information about your next employer's projects via the consulting gig?
I said "never called them on their plausible deniability" to mean I never pulled off the veil of the conversation, so there's nothing to talk about in front of a judge.
FWIW both the company I was leaving and the company I was joining were startups selling dynamic seat pricing systems to airlines. Your call if that's a conflict of interest :).
I agree it feels scary from the employee's perspective, but at least in this case, it doesn't seem like it would've been difficult to avoid: simply return your work devices when handing in your badge:
> [...] multiple former Apple employees now working at OpenAI reached out to discuss returning Apple-issued work devices they kept when they left Apple.
By not doing that you effectively just cry "sue me", this is stupidity on the employee's part (or malice). Oh and maybe don't take "screenshots of confidential documents".
Return your work devices immediately upon leaving. Don't even attempt to access any internal systems or accounts you previously had access to. It's real easy to avoid this sort of trouble.
I really think this is apple feeling really threatened rather than confidential data really being stolen.
Apple is known for threatening companies that hire from them, and occasionally having secret agreements with other companies not to hire from each other.
People move from a company to a direct competitor all the time (i have a number of friends that went from working at aws to working on gcloud for example) and guess what, no one of those companies really went bankrupt due to this.
So really long story short: i think apple is being a sore loser at the employee retention game.
I don’t know where you’re drawing your conclusions from but they literally have messages from the OpenAI exec laughing at how he can still access data at Apple and talking about copying it, as well as messages encouraging candidates from Apple to bring unreleased prototype hardware to demonstrate during interviews.
Yeah Apple does have a history of doing these things. There was Palm, where Jobs told them if they didn't stop recruiting Apple employees he would destroy Palm with patent lawsuits. Jobs was also one of the main architects behind the no poach cartel in SV between Google, Adobe, and Intel, and Apple.
More recently there was Nuvia, which the lawsuit was dropped, and Rivos, which was settled.
People in silicon valley do this every day. California has a lot of laws to protect employees. Companies need tangible proof of a violation, not just "this guy had vague company IP in his head".
> I [...] imagine for some employers that makes you a red flag
Maybe. It also advertises a moral flexibility that is high in-demand here in America. Clearly OpenAI has no scruples entertaining a turncoat of this scale, I can believe that businesses will be lined up out the door to hire these people.
The idea of companies like OpenAI, Anthropic, Meta, but also NVIDIA (so probably everyone) paying bitcoin (or having conversations about such at least) to 'fugitive sites' like Anna's Archive for a full download of their illegally acquired piracy archive would have been laughed out 5 years ago.
My post was more of a joke, how "AI training" is now a get-out-of-jail free card.
It's probably not as much of a joke as we want to believe, given the current administration in power and the potential 5% stake in OpenAi via Kushner's firm, and how SamA can just pull the "national security...Chinese labs something something" argument along with some bribe money and potentially make this whole thing disappear.
With the corruption so blatant and on public display now, and with how much the labs have been trying to sell "too big to fail" to the government, the standard rules no longer apply when it comes to anything involving these labs.
A sense of responsibility that the user experience should never be compromised. He never wanted to release Maps for example in the state it was, yet had to take the fall for its failure.
When I was interviewing for a new software job a couple years ago every company wanted to know details about past projects. What I built, what technical decisions I took, what scale I operated at, what the setbacks were, what was the final result. Some companies even made the round presentation style, like a real tech spec review, and you had to present slides and architecture diagrams. And the project had to be real, something you had actually worked on at your current job.
"But all this stuff is confidential, I can't really talk about it."
"Well too bad. If you want the job, figure it out."
So I did what probably thousands of engineers in silicon valley do every day, and leaked company IP. It got me the job, and I'm pretty sure all the interviewers forgot about what I said 5 minutes later. But in practice every tech interviewee and every company doing interviews today (including Apple) can be charged with most of what Apple is alleging.
> But in practice every tech interviewee and every company doing interviews today (including Apple) can be charged with most of what Apple is alleging.
No it can't. I've worked for a bunch of tech companies large and small and interviewed for way more, and I have literally never seen this.
What Apple is alleging is not normal at all, nor is your interview experience. I've literally never even heard of anything like you describe, presenting architecture diagrams of your previous work? That's such a huge red flag, and these companies are opening themselves up to similar lawsuits. The fact that you describe multiple companies requesting this is genuinely shocking to me.
You're the odd one. I've been involved with and seen this at plenty of SV interviews. I've seen it from more than one interviewer at one company with one candidate.
The allegation is that OpenAI explicitly requested that people bring and explain actual prototypes ("show and tell"), and downloading files from iCloud Drive after quitting Apple to join OpenAI. What you're describing is not even remotely on this level.
Apple leaks like a sieve. The extreme secrecy culture is a pointless drag on productivity, maintained long past its usefulness for the sole benefit of the execs practicing their Steve Jobs "one more thing" keynote cargo cult.
stealing: "To take (the property of another) without right or permission."
A Trademark is considered intellectual property. It is theft, and Disney could still drop a boot on the industry. Similar works found in high-dimension vector search spaces also do not escape legal peril in copyright similarity cases.
Perhaps some conflated the methodology of training and use of generative mechanisms with the legal interpretation of "uncopyrightable" output in commercial settings. =3
I might be dense but from what I read I have no idea why any of the stolen documents have any value to OpenAI in the context of their business. Knowing Apples maybe future products etc seems pointless.
The stolen files, NAMED:
>DisplayNotes.key — "several hundred pages" on Apple's custom display power development program
>Architecture analyses. Fabrication decisions. Testing results
>Engineering data for an UNANNOUNCED Apple product: 'touch, display, and power systems"
>Final.key + V2.key — compilations of two undisclosed Apple R&D projects
>and those are "only four of the dozens of proprietary documents Mr. Liu stole"
Also
>OpenAI "directed a trusted Apple partner [name redacted] to perform [Apple's proprietary metal finishing] process for them, knowing it was proprietary to Apple... because they were involved in this partnership while at Apple."
So apparently yes, OpenAI is very interested in Apple's hardware. I don't see any references to software secrets in the filing, it seems to be entirely about hardware.
I had a quick look at the texts released by OpenAI, and it looked to me like a former Apple employee was sharing info and documents with a current Apple employee in an attempt to help out.
I do not know whether this lines up with the claims of stolen files.
The second part reads to me like they asked some company to perform a special metal finishing, knowing that they perform similar work for Apple.
I am no lawyer and I do not understand what is proprietary to Apple here, it just does not sound that big a deal to me.
Now that is a charitable reading. Maybe OpenAI ruthlessly stole Apple's trade secrets. I do not know.
> I am no lawyer and I do not understand what is proprietary to Apple here, it just does not sound that big a deal to me.
The special technique is the IP. In hardware manufacturing, the process is the IP and can be considered a trade secret, so even if that supplier does metal finishing for a ton of different clients, Apple's specific "recipe" or whatever is a legally protected trade secret, they would not be allowed to do it for anyone else.
Apple is alleging a little more than going and asking the supplier to do it though, in the lawsuit they are alleging the former employee leveraged their own relationship with the supplier to present the request as if Apple had approved it (to use their wording "Misleading the partner to believe they had Apple's permission to do so").
This should be shown in court, first, to avoid predictable blowback around making a weak-appeal.
I feel like OpenAI is attempting to obscure the public sentiment trend. And that are willing to taint a jury pool by releasing evidence.
I assume then, that OpenAI is "feeling" or has determined it is perceived negatively by the public, in general. They may be seeking to influence their talent pipeline, to reduce inbound constraint they predict are coming from a lack of perceived trustworthiness of OpenAI.
Seems inappropriate for OpenAI to post this public-appeal, to me.
Tech company drama is followed by .1% of the population. The jury pool is not going to be tainted. This has no impact on the public and nobody expects it to.
It’s the insinuation of racism regarding the “mixing up Asian last names” bit that’s really got me feeling like their response is the public appeal move.
yeah that is pretty crazy, who is even the intended audience? This seems like something they'd be discussing with their legal team instead of blogging about it. To me, these kinds of public outbursts are just making their hole deeper.
IP disputes between some of the richest corporations on the planet don't get a lot of sympathy in the court of public opinion anyway. Even if they did, what difference does it make? There isn't a sheriff or DA with a public face that has to make a decision here.
Does it though? It certainly seems like that's what openai wants, but even with a tiny grain of salt this just looks ugly to me. Also trying to make the texts look like imessages even though they're clearly rewritten (not screenshots) is off-putting.
What is the issue here? Seems like Apple wants to own people. If you don't want employees to leave for competition, pay them well enough so they don't entertain the idea.
It's always employer neglecting workers and then having pikachu face.
Tony Fadell, the inventor of the iPod and co-inventor of the iPhone, and later Nest founder, commented this in Stratechery about the lawsuit when filed:
"This is Apple’s typical tactic to scare Apple employees — either former or current. I heard this lawsuit was driven by the Apple board.
Steve threatened to file a lawsuit against Nest for poaching 80-100 Apple employees. He called me, screamed for a while with lots of accusations. Then I said, “Steve, it’s Apple’s job to retain its talent, not mine.” He stopped his rant and then we went on to talk about our families and vacation plans. We kept hiring…"
I might be wrong but that's the impression I get when talking with US people about unions and workers rights.
There's a bright, clear line between targeted attempts to hire someone who has a job working for a competitor, and trying to get that person to take confidential information with them when they switch jobs. The latter is wrong and will rightfully result in legal action. The former is perfectly fine, and good for employees, which I'd wager still includes most of this site's audience despite the startup-founder focus.
Remember, employers don't own the people who work for them. They cannot be "poached." They can only be given a better offer. If your employee decides they'd be better off working for your competitor instead, then you have only yourself to blame for not giving them enough incentive to stay. Either up your game, or give them a friendly goodbye.
I read into these PR blasts, lawsuits that Apple is sour about losing employees to higher salary opportunities, and is likely using lawsuits instead of higher salaries to retain them.
Sometimes I think it’s time to give shareholder supremacy a rest. If they don’t like what they own, they can sell it. But this is probably also why I’m not on a board of directors.
Sure. Also, don't care. Lets focus on the devil currently doing harm.
https://www.youtube.com/watch?v=_X5xOI_qu9I&t=1649s
Classic SV
That’s a brave look
https://en.wikipedia.org/wiki/Lisa_Brennan-Jobs
But how is he doing at the 'ranting and yelling tirades at his staff' metric? That's also a known characteristic of Jobs.
But he made good products that most people like to use. That was GP they were getting at with "he wants to be Steve Jobs."
You don't need to hamfist that into the conversation every times Jobs' name comes up.
Sam "I hack others by mistake" Altman dunking on the security practice of others is funny, is there any glass house he won't go to?
So, it tracks that he has rapist mentality.
This is like if you left your door wide open, and a neighbor peaked in and told another neighbor about your decor or what posters are on the walls.
You didn’t lose anything tangible, but something you wanted to be secret isn’t anymore. Where the balance of blame falls is up to you, but I do think to some degree that if you want to keep a secret and can’t put in the bare minimum effort to even try to protect it then you own some of the blame.
For trade secrets, it only requires "reasonable measures" even just having an NDA is enough, even if the rest of your security is wide open. Just because someone found a loophole or grabbed files before their access was revoked doesn't make it legal (under trade secrets law).
Almost certainly the employees at some point in their tenure at apple signed some duty of confidentiality, or some acceptable use policy, etc. which is grounds enough for illegal misappropriation. "You didn't lock down their access enough" isn't a valid legal defense.
You really don't want the law to be "Well you didn't lose a physical thing, so why should it be illegal?"
There are people who feel this way, so it's possible that the parent comment does actually want it to be this. You're 100% correct that this doesn't describe the law right now though, which is what actually matters for this lawsuit.
There are also no tenant protections for criminal intruders, squatter protections require a claim of right like a disputed lease or a holdover tenancy, or continuous possession over many years. Someone that just walks into a residence is an active trespasser and can be arrested for criminal trespass or burglary.
Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20
I don't know exactly what legal technicalities are involved, but this did actually happen to me in a de facto sense!
Money, ideology, coercion, and ego.
All this is moot of course because I'm weird and don't have any desire to make money from things I don't consider ethical even if I knew for sure I could get away with it, but I can at least understand other people not feeling constrained in that way (or not finding this particular thing unethical, since from a lot of these threads it's clear that the idea of "trade secret" as something legally protected is not universally popular). This crime in particular just doesn't seem like a smart one to do even for people who don't mind the idea of making money from it.
But tech isn’t like that, there’s always a new startup and a new VC firm that don’t care that you ripped off every single previous person you worked with, stole trade secrets… maybe this time will be different
Or maybe word gets around locally or for special research positions.
And plus, their duty is to a higher cause! All humanity needs them to win, so that the superintelligence is “aligned” to their superior values… like “all’s fair in love and war”! (/s)
…rumblings of “divine mandate” in there somewhere…
The one containing his children, only the nanny goes there.
I've used chatGPT voice conversation tech since Sept 2023 and was expecting the new Siri to match the user experience. The new Siri is far far away from matching chatGPT's voice tech. The new Siri is smarter and can now answer your question for anything yet it's SLOWer and you can not have a full conversation with it. I continually have to say "Hey Siri," to continue the conversation on my iPhone 15 Pro Max. Yet with the chatGPT app I can have a full conversation making me think Open AI's voice conversation tech is light years ahead of the new Siri.
Apple is working now on a slew of devices focused on voice as Open AI (Space X is purportedly working on an AI focused phone / device) too. Thus, I had anticipated Siri to match the same experience of GPT.
We'll see if consumers embrace it, but ive been using chatGPT's voice conversation tech since Sept 2023 especially while driving to get things done. For me it feels like the next natural UX Internet usage paradigm.
"he took advantage of an authentication bug to gain access to Apple’s confidential third-party cloud repository to download at least thirty-seven highly sensitive and proprietary technical documents related to, among other things, Apple’s hardware technologies and research and development."
Anybody know what they mean by "third party" ? Who provides Apple internal employees with a cloud repository?
Both sides should learn to remain silent and work the case through legal channels.
Apple is doing it right, simple high level statements.
OpenAI is acting like a teenager posting screenshots of literal texts and being overall petulant.
This is open and shut. The mature company will win this.
More to OP's points, Apple made legal filings. OpenAI is penning blog posts.
But it's extremely harmful when there isn't.
"Alice says murder is bad, while Bob says murder is a fun and healthy recreational activity. Trying to see validity in each point of view is a virtue, not a vice." See, it doesn't work.
In the case of Apple and OpenAI, since that's actually what we're talking about: why is it wrong to suggest that there may be validity to each other's points of view, especially given that we don't have all the facts?
Apple does this to most any company that ends up with any of its former employees. It's basically expected. Apple is being the bully.
It's 2026; we can probably update "pound the table" to "pound social media"
The media is happy to stoke the flames.
This isn't a "both sides" situation.
OpenAI is posting drama blog posts. Apple isn't doing that.
"Apple says" in the headline here actually means: Apple filed for a preliminary injunction with the court and since that is a public record we are reporting the contents of it.
Why? Apple surely doesn't want to and why should they?
Was your past employer trying to make best of the situation by hoping to fish for information about your next employer's projects via the consulting gig?
FWIW both the company I was leaving and the company I was joining were startups selling dynamic seat pricing systems to airlines. Your call if that's a conflict of interest :).
> [...] multiple former Apple employees now working at OpenAI reached out to discuss returning Apple-issued work devices they kept when they left Apple.
By not doing that you effectively just cry "sue me", this is stupidity on the employee's part (or malice). Oh and maybe don't take "screenshots of confidential documents".
A good company also doesn’t want you to take IP bc it creates the liability.
Apple is known for threatening companies that hire from them, and occasionally having secret agreements with other companies not to hire from each other.
People move from a company to a direct competitor all the time (i have a number of friends that went from working at aws to working on gcloud for example) and guess what, no one of those companies really went bankrupt due to this.
So really long story short: i think apple is being a sore loser at the employee retention game.
I might as well do the same just to be able to filter out candidates willing to do that.
And laughing about the possibility of copying data doesn’t necessarily mean anything was actually copied.
And in the end the know-how is in the people, so whatever apple has it getting out anyway when people leave.
More recently there was Nuvia, which the lawsuit was dropped, and Rivos, which was settled.
Maybe. It also advertises a moral flexibility that is high in-demand here in America. Clearly OpenAI has no scruples entertaining a turncoat of this scale, I can believe that businesses will be lined up out the door to hire these people.
It seems to have played out decently in courts so far.
But that is not the claim, and no one is even pretending that that's what happened.
My post was more of a joke, how "AI training" is now a get-out-of-jail free card.
With the corruption so blatant and on public display now, and with how much the labs have been trying to sell "too big to fail" to the government, the standard rules no longer apply when it comes to anything involving these labs.
"But all this stuff is confidential, I can't really talk about it."
"Well too bad. If you want the job, figure it out."
So I did what probably thousands of engineers in silicon valley do every day, and leaked company IP. It got me the job, and I'm pretty sure all the interviewers forgot about what I said 5 minutes later. But in practice every tech interviewee and every company doing interviews today (including Apple) can be charged with most of what Apple is alleging.
No it can't. I've worked for a bunch of tech companies large and small and interviewed for way more, and I have literally never seen this.
What Apple is alleging is not normal at all, nor is your interview experience. I've literally never even heard of anything like you describe, presenting architecture diagrams of your previous work? That's such a huge red flag, and these companies are opening themselves up to similar lawsuits. The fact that you describe multiple companies requesting this is genuinely shocking to me.
The implication being at least some of this is to do with OpenAI making consumer hardware, as designed by Ives.
I suspect their security “lapses” are more along the lines of “give them enough rope to thoroughly hang themselves”
The idea that it is a drag on productivity is self evidently wrong based on results.
Compaction and dynamic granularity encoding only abstract the Micky Mouse trademarked logo lurking in almost every model. =3
You seem to want to be precise, so you should probably use a different term than 'stealing'. It, by definition, is not the correct term.
A Trademark is considered intellectual property. It is theft, and Disney could still drop a boot on the industry. Similar works found in high-dimension vector search spaces also do not escape legal peril in copyright similarity cases.
Perhaps some conflated the methodology of training and use of generative mechanisms with the legal interpretation of "uncopyrightable" output in commercial settings. =3
https://www.youtube.com/watch?v=YhgYMH6n004
The stolen files, NAMED: >DisplayNotes.key — "several hundred pages" on Apple's custom display power development program >Architecture analyses. Fabrication decisions. Testing results >Engineering data for an UNANNOUNCED Apple product: 'touch, display, and power systems" >Final.key + V2.key — compilations of two undisclosed Apple R&D projects >and those are "only four of the dozens of proprietary documents Mr. Liu stole"
Also
>OpenAI "directed a trusted Apple partner [name redacted] to perform [Apple's proprietary metal finishing] process for them, knowing it was proprietary to Apple... because they were involved in this partnership while at Apple."
So apparently yes, OpenAI is very interested in Apple's hardware. I don't see any references to software secrets in the filing, it seems to be entirely about hardware.
I do not know whether this lines up with the claims of stolen files.
The second part reads to me like they asked some company to perform a special metal finishing, knowing that they perform similar work for Apple.
I am no lawyer and I do not understand what is proprietary to Apple here, it just does not sound that big a deal to me.
Now that is a charitable reading. Maybe OpenAI ruthlessly stole Apple's trade secrets. I do not know.
The special technique is the IP. In hardware manufacturing, the process is the IP and can be considered a trade secret, so even if that supplier does metal finishing for a ton of different clients, Apple's specific "recipe" or whatever is a legally protected trade secret, they would not be allowed to do it for anyone else.
Apple is alleging a little more than going and asking the supplier to do it though, in the lawsuit they are alleging the former employee leveraged their own relationship with the supplier to present the request as if Apple had approved it (to use their wording "Misleading the partner to believe they had Apple's permission to do so").
https://openai.com/index/apple-is-getting-this-wrong/
Personally, this reads a bit ridiculous in the face of what Apple is claiming but time will tell.
I feel like OpenAI is attempting to obscure the public sentiment trend. And that are willing to taint a jury pool by releasing evidence.
I assume then, that OpenAI is "feeling" or has determined it is perceived negatively by the public, in general. They may be seeking to influence their talent pipeline, to reduce inbound constraint they predict are coming from a lack of perceived trustworthiness of OpenAI.
Seems inappropriate for OpenAI to post this public-appeal, to me.
This has been front page material for multiple non-tech media outlets.
Though I don’t know how much I would believe that this is them trying to taint a jury pool.
"Weak security" isn't a defense to theft, so probably wont.
>Seems inappropriate for OpenAI to post this public-appeal, to me.
They are desperate and are behaving desperately. Who actually qualifies anything they say anymore anyway? I certainly don't
IP disputes between some of the richest corporations on the planet don't get a lot of sympathy in the court of public opinion anyway. Even if they did, what difference does it make? There isn't a sheriff or DA with a public face that has to make a decision here.
It's always employer neglecting workers and then having pikachu face.