The Justice Department's criminal investigation into Deel's alleged spying on Rippling marks a significant escalation. Typically resolved in civil court, this case shows federal authorities are now treating competitive disputes in tech as potential criminal matters, raising the stakes for aggressive corporate tactics beyond financial settlements.
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When Thinking Machines' CTO departed for OpenAI, the company cited "unethical conduct." Insiders speculate this is a "snaky PR move" or "character assassination leak" to control the narrative as talent poaching intensifies among AI labs.
Unlike industries such as biotech, major tech companies and hyperscalers largely avoid suing each other over intellectual property. There is a prevailing ethos to compete on business execution and product offerings rather than through litigation. This cultural norm shapes how innovation spreads and is adopted across the industry, with features often being copied without legal challenge.
CEO Sam Altman reveals "code reds" are a deliberate, frequent strategy, not panic. OpenAI treats competitive threats like pandemics, believing intense, early action is far more effective than delayed responses, even if the threat doesn't fully materialize. This reframes a crisis as a calculated, proactive maneuver.
Prediction markets like Polymarket operate in a regulatory gray area where traditional insider trading laws don't apply. This creates a loophole for employees to monetize confidential information (e.g., product release dates) through bets, effectively leaking corporate secrets and creating a new espionage risk for companies.
Similar to the financial sector, tech companies are increasingly pressured to act as a de facto arm of the government, particularly on issues like censorship. This has led to a power struggle, with some tech leaders now publicly pre-committing to resist future government requests.
To confirm a competitor was spying via an internal mole, Rippling's team crafted a fake, tantalizing Slack message. They included a screenshot of it in a routine legal letter sent only to the competitor's senior leadership. When their mole searched for the fake terms in Slack, they had definitive proof.
The "golden era" of big tech AI labs publishing open research is over. As firms realize the immense value of their proprietary models and talent, they are becoming as secretive as trading firms. The culture is shifting toward protecting IP, with top AI researchers even discussing non-competes, once a hallmark of finance.
Laws intended for copyright, like the DMCA's anti-circumvention clause, are weaponized by platforms. They make it a felony to create software that modifies an app's behavior (e.g., an ad-blocker), preventing competition and user choice.
The high-stakes competition for AI dominance is so intense that investigative journalism can trigger immediate, massive corporate action. A report in The Information about OpenAI exploring Google's TPUs directly prompted NVIDIA's CEO to call OpenAI's CEO and strike a major investment deal to secure the business.
Companies like OpenAI knowingly use copyrighted material, calculating that the market cap gained from rapid growth will far exceed the eventual legal settlements. This strategy prioritizes building a dominant market position by breaking the law, viewing fines as a cost of doing business.
