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#apple#openai#legal#public#employees#don#should#company#why#both

Discussion (94 Comments)Read Original on HackerNews

jdross39 minutes ago
Apple is cutthroat in business too.

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…"

trevorhinesley21 minutes ago
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...
paxys7 minutes ago
Apple was the ringleader in the illegal anti-poaching agreements between SV companies a couple decades ago.
watwut18 minutes ago
cutthroat vs blatantly breaking the laws and manipulating employees to break laws ...
SiempreViernesabout 2 hours ago
> 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?

nvme0n1p1about 1 hour ago
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.
polishdude2038 minutes ago
It just goes to show how Saltman thinks. "If the door is open, it's not my fault I've walked in and stolen all of your stuff!"
everforward44 minutes ago
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.

thewebguyd39 minutes ago
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.

nrmitchi7 minutes ago
There are absolutely laws about IP theft. That's why it's called Intellectual Property.

You really don't want the law to be "Well you didn't lose a physical thing, so why should it be illegal?"

ipaddrabout 1 hour ago
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.
thewebguydabout 1 hour ago
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.

LaffertyDevabout 1 hour ago
This is not how it works. Even a cursory glance at the law makes it clear that this is not how it works.

Here is New York: https://www.nysenate.gov/legislation/laws/PEN/140.20

solfoxabout 1 hour ago
Laws around breaking and entering date back to WELL before mechanical locks were commonplace or even affordable to residences.
victorbjorklund27 minutes ago
That’s like saying it’s not manslaughter if you kill a woman because no ”man” died.
drowntoge39 minutes ago
Do not try this at homes that belong to other people.
bakiesabout 1 hour ago
No it doesnt, that's still breaking and entering
reluctant_devabout 1 hour ago
Ha this is the logic Richard Chase used to enter peoples homes
iwontberude13 minutes ago
lmao you dumbass
marricks44 minutes ago
If your best defense is "it was easy" you're probably not in a legally great position...
giancarlostoroabout 1 hour ago
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?
danesparzaabout 1 hour ago
"Why do people do these things"

Money, ideology, coercion, and ego.

halfmatthalfcatabout 1 hour ago
They probably were presented with huge comp packages which made bending ethics incredibly easy.
giancarlostoroabout 1 hour ago
Unless its enough money to retire, I just don't understand people doing it for money.
alwaabout 1 hour ago
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…

giancarlostoroabout 1 hour ago
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.
reticulatesabout 1 hour ago
> is there any glass house he won't go to?

The one containing his children, only the nanny goes there.

tonyedgecombe41 minutes ago
I’m kind of horrified that he has children.
thewebguyd38 minutes ago
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.
paul7986about 1 hour ago
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.

thewebguyd35 minutes ago
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.
paul798619 minutes ago
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.

dgellow11 minutes ago
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!
bigyabaiabout 1 hour ago
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.
throwatdem12311about 1 hour ago
“It’s your fault we stole your trade secrets”
dannyw5 minutes ago
I wonder if OpenAI could use a novel defence of “we’re just using it to train AI for better hardware intelligence. Fair use.”

It seems to have played out decently in courts so far.

namuol5 minutes ago
What’s the speculation about what leaked? Are we talking about next-gen on-device neural accelerators or something along those lines?
giancarlostoroabout 2 hours ago
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.
CBLTabout 1 hour ago
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.
devsdaabout 1 hour ago
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?

CBLTabout 1 hour ago
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 :).

warkdarriorabout 1 hour ago
Ehmm... offering "consulting" should come with a contract specifying scope of work, data/device access, and expectations.
paxys5 minutes ago
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".
twothreeoneabout 1 hour ago
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".

jbs78928 minutes ago
These guys are pushing boundaries knowingly.

A good company also doesn’t want you to take IP bc it creates the liability.

znpyabout 1 hour ago
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.

thewebguydabout 1 hour ago
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.

blltprfmnkabout 1 hour ago
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.
bigyabaiabout 1 hour ago
> 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.

datakanabout 2 hours ago
Really don't like all the drama around this. Should be dealt with in court, not tried in the press.

Both sides should learn to remain silent and work the case through legal channels.

VCFundedGenYerabout 1 hour ago
Why are you both-sidesing this?

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.

liamgm40 minutes ago
Nah , OpenAI doing it right , defending its interest and valuable employee with both legal and public from competing company negative oppinion.
solfoxabout 1 hour ago
The lady doth protest too much, methinks
lightedman34 minutes ago
"Apple is doing it right, simple high level statements."

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.

tjwebbnorfolk7 minutes ago
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.
eagerpaceabout 1 hour ago
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.
devsdaabout 1 hour ago
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 ?
madeofpalkabout 1 hour ago
I mean, they are dealing with it in the courts, right? This is the press picking up on public court filings https://www.courtlistener.com/docket/73602437/49/apple-inc-v...
6gvONxR4sf7oabout 1 hour ago
Seems to be Altman's playbook, just like how he got the CEO job back.
georgemcbayabout 1 hour ago
> 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.

sublinearabout 1 hour ago
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".

The media is happy to stoke the flames.

freejazzabout 1 hour ago
>Both sides should learn to remain silent and work the case through legal channels.

Why? Apple surely doesn't want to and why should they?

thewebguydabout 1 hour ago
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.
pop3zxcv20 minutes ago
Does it matter? As long as the data is in the 1st brain and can be taken outside and used as a skill.
vachina33 minutes ago
A few of my colleagues were fired for including source code derived from Apple specifications in their Copilot session (yes we use Copilot).
pclowes42 minutes ago
Apple is historically successfully secretive.

I suspect their security “lapses” are more along the lines of “give them enough rope to thoroughly hang themselves”

paxys3 minutes ago
That secretive culture died over a decade ago. Everything gets leaked now.
tonyedgecombe38 minutes ago
A lot of the legal action is a warning to current employees who may have been considering doing the same.
modeless19 minutes ago
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.
cmiles88 minutes ago
Well with OpenAI saying strongly the opposite now they can’t both be right. Someone is lying through their teeth here.
ofjcihenabout 2 hours ago
OpenAIs response:

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.

ncr100about 1 hour ago
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.

bpodgurskyabout 1 hour ago
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.
ofjcihenabout 1 hour ago
Tech company drama *not on the front page.

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.

freejazzabout 1 hour ago
> This should be shown in court

"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

ofjcihenabout 1 hour ago
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.
chasd00about 1 hour ago
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.

brcmthrowawayabout 1 hour ago
Wow. This makes Apple seem like amateur hour. The case should be dismissed with prejudice.
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lorreyfumabout 1 hour ago
Bring back Scott Forstall and get rid of half the employees at Apple. Time to clean house, they’ve lost their innovation and hunger.
throwaway235978 minutes ago
What on earth does this opinion have to do with anything?
ausbah11 minutes ago
this reads like a blind comment
senderista25 minutes ago
What was so great about Scott Forstall?
Y-bar7 minutes ago
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.
varispeedabout 1 hour ago
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.

christkvabout 1 hour ago
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.
thewebguydabout 1 hour ago
OpenAI has been talking about making hardware for a while now, and most likely they are going to attempt a smartphone.
christkv26 minutes ago
I mean do they need any of this for that. All of it is in the software anyway and the Android stack is there already.
thewebguyd17 minutes ago
From the filing:

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.

josefritzishereabout 1 hour ago
AI seems to always be stealing from someone
yoyoma1234about 2 hours ago
Yes