In an attempt to refute Apple's intellectual property theft claims, Open AI doesn't address the theft, and instead leans on a racism claim, and a misdirected email to try to get the court of public opinion on its side.
Apple is suing OpenAI and alleging that the ChatGPT company poached its staff with the express intention of learning trade secrets. OpenAI initially responded by trying to put the focus on emails Apple's lawyers mis-addressed, but now it has come out fighting.
In an open letter called "Apple is getting this wrong," OpenAI still goes on about that mis-addressing, but now says its staff are blameless. It says that ex-Apple employee Chang Liu just tried to help when his colleagues reached out to him.
"Apple is one of the greatest companies of all time, and built a reputation for obsessing over the smallest details," says the letter. "This careless, aggressive and oddly personal lawsuit sadly doesn't live up to that reputation."
Messages exchanges
The letter then presents redacted Messages exchanges from Apple employees to Chang Liu, beginning on January 22, 2026, his last day there. The chain then appears to show him wanting to make sure colleagues have all of the files from his iCloud account.
"You can keep my iCloud connected if you still need more time," he is quoted as messaging on January 27, 2026. "But might want to sign off my iMessage. As there might be my new company stuff showing up in that laptop."
The conversation from the unknown Apple employee (or employees) then moves on to asking Chang Liu about confidential Apple details. "Of course, I could ask several folks," says the message to Chang Liu, "but you are the best. Even if you don't work here anymore."
On January 31, 2026, the Apple employee messages Chang Liu to say that he or she had just signed out of their iCloud account. "When it asked me if I wanted to keep a copy of your stuff, I said NO."
OpenAI published this message as part of its argument that it was Apple employees who reached out to its recent hires.
But the messages continued with a similar request for advice two weeks later. Then on March 5, 2026, Chang Liu explains to this unknown Apple employee where they can find certain redacted information, who to ask for more details, and what Apple's procedure is for a particular task.
Apple emails
OpenAI's listing of these messages is then followed by the full text of exchanges regarding this mis-addressing of emails.
This part of the OpenAI argument seems overblown for just a mis-addressed email that was then corrected. But the Messages exchange will be familiar to anyone who has left a company and later been asked by colleagues where things are kept.
"What that means in practice is that former employees who are trying to do the right thing when they leave still have access to Apple files — despite not wanting them or even being aware of them," says OpenAI.
While discovery in the trial will surely expose the entire story, there's nothing in what OpenAI posted that indemnifies the company, nor is any indication of "Apple getting this wrong" as they say.
Misdirection
The open letter focuses on these specific Messages exchanges. It also tries to not very subtly paint the mis-addressing of emails as being racist, with Apple "confusing two Asian last names."
What it does not even touch is the accusation that Chang Liu retained his Apple laptop, which seems to be proven by what OpenAI posted. Apple further says that Liu entered shared network folders after leaving the company, and did so to download dozens of confidential files.
Then, too, OpenAI ignores the specific further accusation that ex-Apple employee Tang Tan both emailed documents to himself and sought trade secrets from employees he was recruiting for the ChatGPT company. Instead, it repeats a version of its initial vague dismissal of Apple's claims.
"Apple also accuses Tang Tan of trying to get and use their trade secrets," continues the letter. "However, Tang has always been clear with the team that we do not want, and must not use, any confidential information from other companies."
Apple has not responded publicly to OpenAI's open letter. We're not expecting them to.
OpenAI's claims of ex-Apple staff retaining information they don't want because it is in their iCloud account, though, does fit with other recent reports. Apple is said to encourage staffers to use their personal Apple Accounts to access company-funded iCloud storage, and this can lead to the managed folder still being accessible on device.
