A US District Judge rejected Apple’s request to toss the lawsuit that accuses it and OpenAI of thwarting competition in the AI sector. Here are the details.
A bit of background
Earlier this year, Elon Musk accused Apple and OpenAI of colluding to prevent other AI companies from reaching the top spot on the App Store.
At the time, xAI had just released a few new features to the Grok app, and Musk was frustrated that the app hadn’t climbed further up the App Store rankings.
When Musk followed through with his promise to sue, Apple countered with the following statement:
“The App Store is designed to be fair and free of bias. We feature thousands of apps through charts, algorithmic recommendations, and curated lists selected by experts using objective criteria. (…) Our goal is to offer safe discovery for users and valuable opportunities for developers, collaborating with many to increase app visibility in rapidly evolving categories.”
OpenAI CEO Sam Altman also responded through a series of posts on X, in which he accused Musk of having manipulated the X algorithm in the past to “hurt competitors”.
A few days later, Apple filed a request to dismiss the lawsuit, which brings us to today.
Judge wants to see more information
Earlier today, US Judge Mark Pittmann issued the following order:
Before the Court are Defendant Apple Inc.’s Motion to Dismiss, ECF No. 36, and the Motion of Defendants OpenAI, Inc., OpenAI, LLC, and OpenAI OPCO, LLC to Dismiss the Complaint Pursuant to Rule 12(B)(6), ECF No. 40. After a thorough review of the relevant docket entries and applicable law, the Motions are hereby DENIED.
The Court additionally finds that the issues are more well-suited for adjudication through a motion(s) for summary judgment pursuant to FED. R. CIV. P. 56. This Order should not be construed as a judgment (or pre-judgment) on the merits of this litigation.
This means that Apple and OpenAI have failed in their initial attempt to dismiss the lawsuit outright, and that the judge wants a fuller record before deciding anything substantial in the case..
The judge made a point to say that the denial of the motion to dismiss the case doesn’t necessarily imply that Apple and OpenAI are in the wrong, but rather that the case requires a closer review after more evidence and arguments are submitted.
What’s your take on Musk’s accusations? Let us know in the comments.
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