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OpenAI

2026年8月3日

公司

Apple 这次错了

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Apple 是有史以来最伟大的公司之一,并凭借对最细微之处的执着打磨赢得了声誉。遗憾的是,这起草率、咄咄逼人且莫名针对个人的诉讼,有负于这一声誉。

Apple 此前声称,他们曾在二月联系 OpenAI,但我们没有回应。如今,他们承认,其外聘律师混淆了两个亚洲姓氏,把邮件发错了人——而且是在我们指出这一点后才承认。Apple 还声称,他们曾与我们的总法律顾问交谈,但如今也承认这件事从未发生。但他们再次隐瞒了一个事实:当时他们从未提出本案中的具体指控,事实上还告诉我们,他们正在“解决所有问题”。此后五个月,我们再未收到任何消息,直到他们提起诉讼。在最新提交的文件中,Apple 极力歪曲这一系列事件,但你可以在这里亲自阅读这些邮件。

Apple 指控 Chang Liu 离职后访问其机密信息,却直到现在才承认,是 Apple 员工主动联系他,请他帮忙查找这些信息(你可以在这里阅读相关消息)。Apple 如今试图将责任归咎于“残留访问权限”,却也没有披露:这在 Apple 很常见,原因是员工离职时,他们未能妥善管理系统访问权限。这在实际中意味着,即使前员工离职时想按规矩办事,他们仍能访问 Apple 文件——尽管他们并不想获得这些文件,甚至不知道自己仍有权限。

Apple 还指控 Tang Tan 试图获取并使用其商业秘密。然而,Tang 一直明确告诉团队,我们不想获取、也绝不能使用其他公司的任何机密信息。Tang 在 Apple 任职超过 24 年,被广泛认为是公司最具创新精神的领导者之一。

我们希望 Apple 能在提起诉讼前向我们提出这些问题;我们也很乐意向他们澄清这一切。我们认真对待诉讼中的指控,并已提出与 Apple 合作解决此事。但他们却试图改换说辞,包括含糊地指控其他前员工,而且很可能会继续采用这种手段。

Apple 提出的初步禁令申请既以虚假信息为依据,也完全没有必要,因为我们既没有、也不想要他们的任何商业秘密。我们更感兴趣的是打造创新产品和技术,推动前沿不断拓展。

2026 年 8 月 6 日更新:你可以在这里(在新窗口中打开)阅读我们的驳回起诉动议。

2026 年 9 月 1 日更新:你可以在这里(在新窗口中打开)阅读我们对 Apple 初步禁令动议的反对意见。

2026 年 9 月 14 日更新:你可以在这里(在新窗口中打开)查看我们对 Apple 补充陈述的答复。

消息记录

Chang Liu(蓝色气泡)与 Apple 员工之间的 iMessage 信息。Chang 在 Apple 的最后一个工作日是 2026 年 1 月 22 日;他的前同事请他帮忙查找文件和信息,以协助他们完成 Apple 的工作(所有时间均为 UTC)。注:其他个人姓名及 Apple 机密信息均已隐去。

1/22/2026 4:43:19 PM
Hey [Apple Employee #1], i had something we need to discuss when you get to office.
1/22/2026 4:43:41 PM
OK. I can talk on the phone now if you like.
1/22/2026 5:48:02 PM
I am here at the office.
1/22/2026 9:39:14 PM
Around your desk
1/22/2026 9:39:34 PM
Be there in 4.
1/22/2026 9:44:34 PM
Do you wanna meet me at the coffee machine?
1/22/2026 11:25:45 PM
I found a 64GB drive. Do you think that will work>
1/22/2026 11:26:59 PM
I think 200 ish. We start from 64. Better than nothing
1/23/2026 12:41:56 AM
Still copying
1/23/2026 5:13:02 PM
Good morning. I hope you slept well. Maybe you are still sleeping 😊 I’m back in the office and restarting the airdrop as it didn’t work. My plan is to complete the airdrop and then click the sad button in workday.
1/23/2026 5:38:25 PM
Liked “Good morning. I hope you slept well. Maybe you are still sleeping 😊 I’m back in the office and restarting the airdrop as it didn’t work. My plan is to complete the airdrop and then click the sad button in workday.”
1/23/2026 5:39:51 PM
Thanks a lot [Apple Employee #1]. Was a very hard night last night. I really appreciate all the help and work together with you.
1/23/2026 5:41:09 PM
If you have time you can also try to airdrop all other file in my apple iCloud folder.
1/23/2026 5:42:22 PM
Those are mainly shared files from other people. I found important detail notes from time to time.
1/23/2026 5:42:59 PM
All the file folders [Redacted - Apple Information] are the file I generated as my personal note.
1/23/2026 7:32:19 PM
Your file transfer is a challenge.
1/23/2026 7:33:24 PM
Carlos Org Travel Summary Chang joined the spreadsheet. I think I’m going to have to hit the workday button before I’m complete. I just got a weird message that is making me nervous (see below), so I am going to go hit the workday button now.
1/23/2026 7:34:53 PM
I don’t even think I have that file
1/23/2026 7:35:03 PM
Maybe the new Chang
1/23/2026 7:35:20 PM
Yeah. . . it could be. No need for you to worry. 😊
1/23/2026 7:35:37 PM
That new Chang has big shoes to fill.
1/23/2026 7:36:18 PM
😟 for the transfer. I think the archive and [Redacted - Apple Information] has most of file for you to dig. Otherwise team can always start from something brand new
1/27/2026 1:45:26 AM
Hey [Apple Employee #1] hope everything is fine for copy pasting. You can keep my icloud connected if you still need more time. But might want to sign off my iMessage. As there might be my new company stuff showing up in that laptop.
1/27/2026 3:06:56 AM
Oh shoot. Sorry. Let me finish up tomorrow and log everything out. I won’t look at anything else.
1/27/2026 3:08:26 AM
Hey [Apple Employee #1], that’s totally ok. I am fine with you keep my icloud signed in for files. Just imessages might get you in trouble.
1/27/2026 4:35:30 AM
Do you recall any discussions on shipping [Redacted - Apple Information]? I thought the plan was to go for [Redacted - Apple Information] because [Redacted - Apple Information] is still not proven, but I don’t remember specific details. Of course, I could ask several folks, but you are the best. Even if you don’t work here anymore 😟
1/27/2026 4:35:46 AM
. . . of course [Redacted - Apple Information] is the plan for [Redacted - Apple Information]
1/27/2026 4:39:27 AM
Hahahah no prob
1/27/2026 4:39:47 AM
The decision is for all the product shipped in [Redacted - Apple Information] from a schedule standpoint.
1/27/2026 4:39:59 AM
Hence [Redacted - Apple Information]. And [Redacted - Apple Information] for [Redacted - Apple Information]
1/27/2026 4:40:30 AM
[Redacted - Apple Information] make a [Redacted - Apple Information] because of that [Redacted - Apple Information] ramp time.
1/27/2026 4:41:06 AM
[Redacted - Apple Information] (es in March) will [Redacted - Apple Information] prototype build but too late for [Redacted - Apple Information].
1/27/2026 4:42:29 AM
Awesome: I was thinking [Redacted - Apple Information] for [Redacted - Apple Information] and [Redacted - Apple Information] for [Redacted - Apple Information]. But since [Redacted - Apple Information] was pushed back then it should get [Redacted - Apple Information] also.
1/27/2026 4:42:41 AM
I think we are aligned 😊
1/27/2026 4:46:06 AM
Actually yes also [Redacted - Apple Information]
1/27/2026 4:46:27 AM
Sorry I missed that. [Apple Employee #8 name] from Austin team is already working on that
1/27/2026 4:47:07 AM
Liked “Actually yes also [Redacted - Apple Information]”
1/27/2026 4:47:10 AM
Liked “Sorry I missed that. [Apple Employee #8 name] from Austin team is already working on that ”
1/30/2026 5:54:31 PM
Hey [Apple Employee #1]! Hope you got all the material you need. Otherwise you might need to reach out to IST for some backup if they ever has
1/30/2026 5:54:41 PM
I rrealize the folder is gone from my iCloud
1/31/2026 1:34:07 AM
I just signed out of your iCloud account. When it asked me if I wanted to keep a copy of your stuff, I said NO.
1/31/2026 2:28:08 AM
Loved “I just signed out of your iCloud account. When it asked me if I wanted to keep a copy of your stuff, I said NO.”
1/31/2026 2:28:18 AM
Thank you sir!
1/31/2026 2:29:23 AM
This startup style company is a funny and will be very hard in a couple months😁😁
2/14/2026 1:38:13 AM
How is it going over there? Did they let you off work early on a Friday so you can go bowling and drink beer?
2/14/2026 1:38:25 AM
. . . . or are they going to work you until 10pm?
2/14/2026 1:39:47 AM
Just in case you don’t have enough work, I need some help. I have a vague recollection of you talking about a [Redacted - Apple Information]. Can you give me a brief refresh of this and point me to an EE who may have some knowledge?
2/14/2026 1:41:25 AM
大笑「Just in case you don’t have enough work, I need some help. I have a vague recollection of you talking about a [Redacted - Apple Information]. Can you give me a brief refresh of this and point me to an EE who may have some knowledge?」
2/14/2026 1:41:51 AM
This place is crazy… hahahah we use Ai all over the place
2/14/2026 1:42:21 AM
I can always give you some fun side projects
2/14/2026 1:44:17 AM
I think what you referred to is [Redacted - Apple Information]. And the small [Redacted - Apple Information].
2/14/2026 1:44:41 AM
The problem is the people is also in my court now 😁😁
2/14/2026 1:45:00 AM
Plus if [Apple Employee #9] might still remember anything
2/14/2026 1:47:39 AM
Liked “I can always give you some fun side projects”
2/14/2026 1:52:30 AM
[Redacted - Apple schematic] Bummer. . . you should have filed a [Redacted - Apple Information] with the details and put that next to the [Redacted - Apple Information] on the schematic. Now you owe me a beer.
2/14/2026 1:53:43 AM
oops now it can only become a [Redacted - Apple Information] saying now we never know why 😁😁
2/14/2026 3:12:57 AM
Now when I think about it. The other smart people also just left that team. The one that might still in apple is [Apple Employee #10]
2/14/2026 3:13:12 AM
Or if you have a more specific question
3/5/2026 9:23:11 PM
chang: if I understood correctly, you said that the [REDACTED - Apple Information] powers a downstream [REDACTED - Apple Information] that then powers [REDACTED - Apple Information]. Is that right? Who should I contact about that [REDACTED - Apple Information]?
3/5/2026 9:35:19 PM
A few things you can look for. In our team box folder/[REDACTED - Apple Information]/. There should be a [REDACTED - Apple Information]. And there is a power block diagram to show the [REDACTED - Apple Information]. Or find [Apple Employee #5] to get the [REDACTED - Apple Information]. Contact is [Apple Employee #6]and [Apple Employee #7]. [REDACTED - Apple Information] need more sensitive for [REDACTED - Apple Information] than current design. Hence they need to rise [REDACTED - Apple Information]
3/5/2026 9:35:59 PM
Hi [Apple Employee #1 Name], [Apple Employee #3 Name], I can help get the conversation with [Apple Employee #6] and [Apple Employee #7] started
3/5/2026 9:37:28 PM
Hi, this is highly irregular, please remove me from this thread
3/5/2026 9:44:21 PM
Thanks Chang. [Apple Employee #2 Name] and [Apple Employee #3 Name] I put you on this thread for awareness. Let’s continue our discussion internally.
3/5/2026 9:50:48 PM
Liked “Thanks Chang. [Apple Employee #2 Name] and [Apple Employee #3 Name] I put you on this thread for awareness. Let’s continue our discussion internally.”

电子邮件往来

以下邮件往来涉及 Apple 的外聘律师 Gabriel Gross、OpenAI 总法律顾问 Che Chang,以及 Apple 的内部法律顾问。邮件表明,Gross 误将邮件发给 Che,并不实声称两人曾交谈。Gross 和 Apple 的内部法律顾问随后均确认这是一个错误,Gross 还表示他们正在“解决所有问题”。Apple 从未提出其诉讼中的具体主张;此后也未再跟进,直到五个月后提起诉讼。

From: Gabriel Gross
Date: Monday, February 23, 2026 5:53 PM
Subject: Former Apple Employees at OpenAI Retaining Non-public, Confidential, and Proprietary Information
To: <redacted> <redacted>

Dear Mr. Chang:

Please see the attached letter and let me know when you are free to discuss it.

Yours,

Gabriel Gross Partner Weil, Gotshal & Manges LLP <redacted> <redacted> <redacted> Direct <redacted> Mobile

The information contained in this email message is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email, <redacted> and destroy the original message. Thank you.

Attachments:

  • image001.jpg (6K)
  • 2026.02.23 G. Gross letter to <redacted> Wang(101156327.1).pdf (225K)
  • Ex. A.pdf (491K)
  • Ex. B.pdf (91K)
  • Ex. C.pdf (1646K)
From: Gabriel Gross <redacted>
Date: Mon, Feb 23, 2026 at 6:06 PM
Subject: RE: Former Apple Employees at OpenAI Retaining Non-public, Confidential, and Proprietary Information
To: <redacted> <redacted>

Dear Mr. Chang:

Thank you for your phone call just now and for offering your cooperation so quickly. I will be back in touch after speaking with Apple. I realize I neglected to include the three attachments when I sent you my letter, so I am re-sending it with the attachments for your records.

Yours,

Gabe

From: Che Chang <redacted>
Date: Feb 23, 2026, at 8:04 PM
Subject: Re: Former Apple Employees at OpenAI Retaining Non-public, Confidential, and Proprietary Information
To: <redacted>

Hi [Apple in-house legal counsel] and [Apple in-house legal counsel],

This guy from Weil claims to be representing you. For some reason, he is lying about speaking with me on the phone. I don't know who he is and we have never spoken.

I don't know what the point of his lie is, but could you please confirm if he is actually representing you, and if so, whether you have other counsel you can use. I don’t think interacting through him is appropriate given this behavior.

If this isn’t the right Apple team, could you let me know who might be? Thank you.

Che

From: Gabriel Gross <redacted>
Date: Tue, Feb 24, 2026 at 11:22 AM
Subject: RE: Former Apple Employees at OpenAI Retaining Non-public, Confidential, and Proprietary Information
To: <redacted> <redacted>

Dear Mr. Chang:

I write to follow up on my email and letter from yesterday. After I emailed you around 5:53 p.m. yesterday, I inadvertently also sent you another email around 6:07 p.m. that was intended for <redacted> Wang, one of the former Apple employees at issue. After we had emailed Mr. Wang yesterday about retaining Apple information, he promptly called me and offered to cooperate with Apple in resolving any issues. I then intended to email him again, but accidentally replied to my email chain with you instead. I apologize for the confusion that likely caused.

Yours,

Gabriel Gross Partner Weil, Gotshal & Manges LLP <redacted> <redacted> <redacted> Direct <redacted> Mobile

Gabe

From: [Apple in-house legal counsel] <redacted>
Date: Wed, Feb 25, 2026 at 8:45 PM
Subject: Re: Former Apple Employees at OpenAI Retaining Non-public, Confidential, and Proprietary Information
To: Che Chang <redacted>; Cc: <redacted> <redacted>, <redacted> <redacted>, <redacted> <redacted>

Hi Che,

Wanted to make sure to get back to you. Weil is our counsel on this matter, and I believe they should have contacted you explaining the miscommunication. Please feel free to direct any additional questions their way.

Thanks,

[Apple in-house legal counsel]

作者

OpenAI