Apple has a pattern of using different intellectual property laws—copyright against Microsoft, patents against Samsung—to slow rivals. It is now using trade secret law against OpenAI, a company far less equipped financially to withstand a prolonged legal battle than Apple's previous targets.
Despite publicly pivoting to focus on key revenue drivers like enterprise and coding, OpenAI continues to invest heavily in a consumer hardware device. This expensive "side quest" is strategically inconsistent, especially in a year where profitability is crucial ahead of a potential IPO.
OpenAI's ambition to create an AI device faces the same challenge that defeated Windows Phone: ecosystem lock-in. Without seamless integration of essential apps like Gmail and Instagram, a new device cannot realistically replace the smartphone for consumers, regardless of its AI capabilities.
The fundamental problem with dedicated AI hardware is the unreliability of the underlying AI. Users cannot trust it for high-stakes requests like flight times or business addresses. This relegates the devices to simple, low-consequence queries, failing to provide a compelling reason to replace a smartphone.
The AI industry was largely built on scraping data without permission. Apple's lawsuit frames OpenAI's alleged theft of hardware secrets as part of this same culture. This narrative makes OpenAI culturally vulnerable in a legal battle, as it appears to be a pattern of behavior rather than an isolated incident.
AI companies protest when competitors "distill" their models, calling it a violation. This stance is deeply ironic, as it mirrors the complaints of artists and creators whose work was scraped without permission to build the original models. The industry fails to acknowledge this double standard.
Unlike a stable giant like Apple, OpenAI is in a fragile pre-IPO state, burning cash and losing executives. This lawsuit represents a critical drain on focus and resources at the worst possible time, threatening its ability to restructure and rally for a public offering.