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xAI files another lawsuit against OpenAI

In this post:

  • xAI sues OpenAI in California, accusing it of poaching employees to steal Grok’s source code, business plans, and data center secrets.
  • Elon Musk claims OpenAI engaged in unlawful recruitment, while OpenAI dismisses the case as part of Musk’s ongoing harassment.
  • The lawsuit follows Musk’s recent legal battle with Apple and comes as xAI expands AI services to US federal agencies.

xAI has filed a fresh lawsuit against OpenAI in a California federal court, accusing the company of systematically poaching its employees and stealing confidential business information. The complaint was submitted on Wednesday in the United States District Court for the Northern District of California. 

The Elon Musk-led artificial intelligence company alleges that OpenAI unlawfully targeted former xAI employees, including engineers Xuechen Li and Jimmy Fraiture, along with a redacted former senior executive, believed to be former CFO Mike Liberatore. 

xAI: OpenAI recruited former employees to extract information

According to the filing, OpenAI was trying to access Grok’s source code, internal business strategies, and data center operations through a “deeply troubling pattern” of recruiting its former employees

“OpenAI is targeting those individuals with knowledge of xAI’s key technologies and business plans, including xAI’s source code and its operational advantages in launching data centers, then inducing those employees to breach their confidentiality and other obligations to xAI through unlawful means,” the complaint stated.

The defendant company’s spokesperson has called the lawsuit “the latest chapter in Mr. Musk’s ongoing harassment” and denied any wrongdoing.

In the last 2 years, there has been a long-running feud between Elon Musk and OpenAI’s leadership, Sam Altman. Musk, who co-founded OpenAI before leaving the company in 2018, has tried to convince the courts to shut down CEO Altman’s decision to change the organization’s business model from a nonprofit into a for-profit business. 

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xAI propounded that OpenAI had violated both federal and California state law by inducing former employees to share confidential information. The complaint identified Li, Fraiture, and a senior finance executive as examples of staff recruited by OpenAI to obtain access to xAI’s trade secrets, allegedly.

“By hook or by crook, OpenAI clearly will do anything when threatened by a better innovator, including plundering and misappropriating the technical advancements, source code, and business plans of xAI,” the complaint read.

Musk goes after OpenAI, Apple over leaked emails

The case also included communications between Musk’s legal team and former xAI executives. A screenshot of an email from Musk’s lawyer, Alex Spiro, sent in July, accused a former executive of breaching confidentiality obligations, who replied with a short email saying, “suck my dick.”

“We sent them many warning letters, but they continued to cheat. Lawsuit was the only option after exhausting all others,” CEO Musk wrote on X Thursday.

A little over a month ago, the Grok developer slapped Apple with a separate lawsuit, lodged in the US District Court for the Northern District of Texas. It accused Apple of manipulating its App Store rankings to favor OpenAI’s ChatGPT while suppressing rivals like Grok.

“Apple has joined forces with the company that most benefits from inhibiting competition and innovation in AI: OpenAI, a monopolist in the market for generative AI chatbots,” the filing said.

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Musk had threatened to sue Apple directly earlier in the month, claiming the company had committed “an unequivocal antitrust violation” for effectively making it impossible for competing AI applications to top App Store rankings.

Apple denied the claims, saying its App Store operations were “fair and free of bias.” Sam Altman, CEO of OpenAI, responded to Musk’s accusations in a statement posted earlier this month. 

“This is a remarkable claim given what I have heard alleged that Elon does to manipulate X to benefit himself and his own companies and harm his competitors and people he doesn’t like,” Altman wrote.

xAI mulls expansion into government contracts

Elsewhere, through a statement on X published Thursday evening, xAI announced it was launching “xAI For Government,” a program designed to give federal agencies access to its Frontier AI models. 

According to the public notice, every federal department and agency will be able to use Grok 4 and Grok 4 Fast for a fee of $0.42 per department for 18 months. The initiative also includes hiring and assigning teams of Grok engineers to help agencies integrate and maximize the models’ capabilities.

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