The wildest allegations in Apple’s trade secrets lawsuit against OpenAI
The wildest allegations in Apple’s trade secrets lawsuit against OpenAI
苹果针对 OpenAI 商业机密诉讼中最离谱的指控
Apple’s trade secret lawsuit against OpenAI is packed with a number of extraordinary allegations that paint a picture of a coordinated effort to extract confidential information from current and former Apple employees. But what’s perhaps most striking is how casually the alleged misconduct is described, including one message that reads, “LOL, I found out I can access the [network storage], so funny.” The 41-page complaint, which was filed on Friday, is filled with unusually detailed allegations, like this and others. Here are some that stood out the most to us: 苹果针对 OpenAI 的商业机密诉讼中包含了大量惊人的指控，描绘了一场从苹果现任及前任员工处窃取机密信息的协同行动。但最令人震惊的或许是这些涉嫌不当行为的描述竟如此随意，其中一条信息写道：“哈哈，我发现我可以访问[网络存储]，太搞笑了。”这份周五提交的 41 页起诉书充满了此类极其详尽的指控。以下是我们认为最引人注目的几点：
“Normalized and exemplified by leadership.” With this description of OpenAI, Apple is making it clear its lawsuit isn’t just focused on rogue employees, but that misconduct like this is part of OpenAI’s culture and is led from the top. “由领导层常态化并树立榜样。”通过对 OpenAI 的这一描述，苹果明确表示其诉讼不仅针对个别违规员工，而是认为此类不当行为已成为 OpenAI 企业文化的一部分，且由高层主导。
“Rotten to its core.” Leave it to Apple to work a rotten fruit analogy into its criticism of OpenAI’s behavior in this case. The AI model maker is rumored to be working on a hardware device to challenge the iPhone, potentially a smartphone of its own. But Apple wants to stress that what OpenAI is developing was allegedly built with Apple’s trade secrets. “OpenAI’s nascent hardware business now rests on the shakiest of foundations, rotten to its core by its illegal reliance on misappropriated trade secrets,” the complaint states. “烂到了根子里。”苹果在批评 OpenAI 的行为时，还不忘用“烂水果”来做类比。据传，这家 AI 模型制造商正在开发一款挑战 iPhone 的硬件设备，可能是一款智能手机。但苹果强调，OpenAI 正在开发的产品据称是建立在苹果商业机密之上的。起诉书中写道：“OpenAI 萌芽中的硬件业务现在建立在最不稳固的基础上，因非法依赖窃取的商业机密而烂到了根子里。”
“This is the tip of the iceberg.” In addition to documenting the allegations against its former employees, Apple is suggesting that the alleged misconduct outlined in the complaint is only a fraction of what it will uncover after the discovery process gets underway. In discovery, corporate documents and communications, including texts and emails, are obtained, potentially uncovering other examples of this kind of behavior at OpenAI. “Discovery will expose that the misappropriation has been occurring on a scale many times greater than the several instances described below,” Apple’s complaint states. “这只是冰山一角。”除了记录针对其前员工的指控外，苹果还暗示起诉书中概述的涉嫌不当行为只是其在证据开示（discovery）程序开始后将揭露内容的冰山一角。在证据开示过程中，公司文件和通讯记录（包括短信和电子邮件）将被获取，这可能会揭露 OpenAI 内部其他类似行为的案例。苹果的起诉书称：“证据开示将揭露，这种盗用行为的规模远超下文描述的几个实例。”
“LOL, I found out I can access the [network storage], so funny.” Apple says that Chang Liu, previously a senior systems electrical engineer at Apple before joining OpenAI, sent this message to an Apple employee, Yu-Ting “Alyssa” Peng, who allegedly was a conduit between Apple and OpenAI. Peng later left to join OpenAI herself but is not a defendant in the lawsuit. Peng allegedly replied to the message, “I’m ready.” Apple claims that Liu was able to access Apple’s systems by exploiting an authentication bug, which he did from Peng’s Apple-issued work computer. “哈哈，我发现我可以访问[网络存储]，太搞笑了。”苹果称，在加入 OpenAI 之前曾担任苹果高级系统电气工程师的 Chang Liu 向苹果员工 Yu-Ting “Alyssa” Peng 发送了这条信息，据称 Peng 是苹果与 OpenAI 之间的联络人。Peng 后来也离职加入了 OpenAI，但她并非此案的被告。据称 Peng 回复道：“我准备好了。”苹果声称，Liu 通过利用一个身份验证漏洞访问了苹果的系统，而他操作的设备正是 Peng 的苹果工作电脑。
“I still have another computer.” Liu allegedly also texted this within hours of leaving Apple, referring to another Apple computer he allegedly planned to use to access Apple’s confidential information. Apple discovered the message on Peng’s Apple-issued work laptop. “我还有另一台电脑。”据称，Liu 在离开苹果后的几小时内还发送了这条短信，指的是他计划用来访问苹果机密信息的另一台苹果电脑。苹果是在 Peng 的工作笔记本电脑上发现这条信息的。
“Didn’t even know we could take those from the office.” One of the wilder allegations is that OpenAI job candidates working at Apple were directed by OpenAI chief hardware officer Tang Yew Tan, who spent 24 years at Apple, most recently as VP of product design for iPhone and Apple Watch, to bring “actual parts” from Apple to their interviews at OpenAI for “show and tell sessions.” One candidate was surprised by the request, saying he didn’t even realize that Apple parts could be taken out of the office, Apple alleges. Apple also says employees were instructed to bring “CAD/design artifacts” and “prototypes” to interviews. “甚至不知道我们可以把这些带出办公室。”最离谱的指控之一是，在苹果工作的 OpenAI 求职者被 OpenAI 硬件主管 Tang Yew Tan 指示，将苹果的“实物零件”带到 OpenAI 的面试现场进行“展示”。Tang Yew Tan 曾在苹果工作 24 年，最近的职位是 iPhone 和 Apple Watch 产品设计副总裁。苹果称，一名候选人对这一要求感到惊讶，表示他甚至不知道苹果的零件可以带出办公室。苹果还表示，员工被指示携带“CAD/设计制品”和“原型机”参加面试。
Avoiding the “dreaded walkout.” Apple alleges that OpenAI coached departing Apple employees on how to evade Apple’s security procedures to reduce the chance their alleged trade secret theft would be caught. The complaint claims that OpenAI circulated an internal Apple document bearing a “Need to know” designation to new hires with details on how to avoid the “dreaded walkout,” which would immediately remove them from Apple after giving notice, instead of letting them continue to work for the typical two weeks, which would allow them more time to access Apple’s confidential information. 规避“可怕的离职流程”。苹果指控 OpenAI 指导即将离职的苹果员工如何规避苹果的安全程序，以降低其涉嫌窃取商业机密的行为被发现的几率。起诉书称，OpenAI 向新员工分发了一份标有“知情权”（Need to know）的苹果内部文件，详细说明了如何避免“可怕的离职流程”。该流程通常会在员工提交辞职通知后立即将其从苹果移除，而不是让他们继续工作两周，而后者会给他们更多时间来访问苹果的机密信息。
“Let OpenAI know ‘asap’” if asked to sign anything when quitting Apple. The complaint alleges that, in addition to helping OpenAI job candidates avoid Apple’s security procedures, OpenAI advised departing employees that if Apple asked them to sign anything at an exit interview, they should let OpenAI know immediately, and it advised them not to sign. 在从苹果离职时，如果被要求签署任何文件，请“尽快告知 OpenAI”。起诉书称，除了帮助 OpenAI 的求职者规避苹果的安全程序外，OpenAI 还建议即将离职的员工，如果苹果在离职面谈中要求他们签署任何文件，应立即告知 OpenAI，并建议他们不要签署。
“Over four hundred former Apple employees now working at OpenAI.” Another surprise: The complaint reveals the extent to which Apple employees have left the iPhone maker to work for OpenAI. Apple leverages this figure to paint a picture of the potential scale of the problem, noting that “it is not surprising that certain OpenAI personnel have knowledge of Apple’s confidential and proprietary information, which they are obligated to keep confidential. But OpenAI has resorted to exploiting this confidential information…” “超过四百名前苹果员工目前在 OpenAI 工作。”另一个令人惊讶的事实是：起诉书揭示了苹果员工离开这家 iPhone 制造商转投 OpenAI 的程度。苹果利用这一数字来描绘问题的潜在规模，并指出：“某些 OpenAI 人员了解苹果的机密和专有信息并不令人意外，他们有义务对这些信息保密。但 OpenAI 却诉诸于利用这些机密信息……”
“io…access, exploited and used Apple’s secret, proprietary industrial design techniques, processes, and know-how related to metal-finishing.” Founded by former Apple employees, including Jony Ive, the company io was acquired by OpenAI last year in a $6.5 billion deal. Now io is a defendant in this lawsuit, as Apple alleges that the firm used its industrial design techniques by misleading Apple’s partner into believing that it had Apple’s permission to carry out a “confidential metal-finishing technique,” the complaint states. Apple also alleges that OpenAI approached a supplier using its confidential information about design and components related to power and batteries, even using “internal terminology” to ask targeted questions that “only Apple-insiders would know to ask.” “io……访问、利用并使用了苹果关于金属表面处理的秘密、专有工业设计技术、工艺和诀窍。”由包括 Jony Ive 在内的前苹果员工创立的 io 公司去年被 OpenAI 以 65 亿美元收购。起诉书称，io 现在是本案的被告，因为苹果指控该公司通过误导苹果的合作伙伴，使其相信 io 拥有苹果的许可来执行某种“机密金属表面处理技术”，从而使用了苹果的工业设计技术。苹果还指控 OpenAI 在接触供应商时使用了其关于电源和电池设计及组件的机密信息，甚至使用“内部术语”提出只有“苹果内部人士才知道如何询问”的针对性问题。
“Apple is left with no choice.” Though seemingly typical legal language, in this case, it appears that Apple may have tried to resolve the situation outside the courts first. The tech giant says that it first tried to contact OpenAI in February, raising its concerns, but OpenAI never responded. “苹果别无选择。”虽然这看起来是典型的法律用语，但在本案中，苹果似乎确实曾试图在庭外解决这一问题。这家科技巨头表示，它在二月份首次尝试联系 OpenAI 并提出担忧，但 OpenAI 从未回应。