Apple’s lawsuit against OpenAI has escalated from an alleged trade-secrets dispute into a fight over whether crucial digital evidence was properly preserved while devices and records remained under OpenAI’s control. (Source: Image by RR)

Trade-Secrets Case Expands into Dispute over Digital Evidence Handling

Apple is seeking expedited discovery in its trade-secrets lawsuit against OpenAI, alleging that evidence relevant to the case may be at risk of being lost or destroyed. The dispute centers on former Apple employee Chang Liu, one of three ex-Apple workers who joined OpenAI and are accused by Apple of bringing confidential information with them. Apple says OpenAI only recently handed over a MacBook used by Liu, despite having possessed the machine since the lawsuit began, and claims the device contained communications discussing the destruction or loss of forensic data Apple believes it needs for the case.

According to Apple, its inspection of the MacBook uncovered a confidential Apple circuit schematic that Liu had allegedly downloaded and then used in his work at OpenAI. Apple also claims Liu retained access to Apple’s third-party cloud-storage environment after leaving the company and that others at OpenAI were aware of that continued access. The company, according to a story in theverge.com, argues that logs, metadata, usage records and other forensic artifacts can be overwritten or disappear over time, making prompt access to devices and systems critical to preserving evidence.

Apple says messages found during its investigation further raised its concerns, including discussions in which Liu allegedly talked about restoring and using Apple-owned devices after learning of Apple’s internal investigation. The company argues that this creates a real risk that potentially relevant forensic evidence could be altered, overwritten or destroyed before it can be examined. Apple is therefore pushing the court to accelerate discovery so it can inspect additional devices and data before more information potentially disappears.

OpenAI strongly disputes Apple’s characterization, arguing that the controversy stems from Apple’s own weak employee offboarding process. The company says there is no evidence Liu improperly accessed Apple information or used confidential material for an improper purpose, and maintains that he had no practical need for Apple trade secrets. The case is therefore evolving into two disputes at once: whether former Apple employees improperly transferred confidential information to OpenAI, and whether evidence connected to that alleged transfer has been adequately preserved.

read more at theverge.com