Tech Titans Fire Back
‘Lawfare,’ Nonexclusive Deal, and Competing Narratives
OpenAI dismissed the lawsuit as “lawfare,” accusing Musk of trying to cripple innovation out of rivalry, not legal principle. Apple argued that the deal is explicitly nonexclusive, insisting the arrangement never barred partnerships with other chatbot developers.
Apple said the claims “boil down to the assertion that it was unlawful for Apple to integrate with ChatGPT first.”
But xAI countered that the practical effect — not the contract wording — proves exclusivity. They argued no other chatbot has ever been integrated into Apple’s Intelligence system, making Apple and OpenAI’s conduct the true measure of exclusivity.
Claims Trimmed, But the Heart of the Lawsuit Survives
While Musk’s companies originally raised broader claims, Judge Pittman’s latest decision leaves the core antitrust allegations intact. The judge also emphasized that he was not taking sides but keeping the pathway open for a later legal reckoning.
An OpenAI spokesperson said the lawsuit aligns with Musk’s “ongoing pattern of harassment,” adding the company looks forward to disproving his claims in court.
Counsel for Apple and xAI did not immediately comment.
