Elon Musk
A federal judge has denied OpenAI access to the secret settlement that pulled Apple out of an antitrust fight with Elon Musk’s companies, leaving ChatGPT’s maker to defend the case alone.
U.S. District Judge Mark Pittman of the Northern District of Texas reviewed the agreement in private and ruled that it contains nothing relevant to the claims still pending against OpenAI. He also emphasized a long-standing court preference for keeping settlements confidential so parties will actually settle. The terms stay sealed.
X Corp and SpaceXAI sued Apple and OpenAI in 2025, alleging the two locked up markets for generative AI and smartphones. The core complaint was Apple’s integration of ChatGPT into Apple Intelligence and how rival apps, including Grok, appeared in the App Store. Apple has said the OpenAI deal was not exclusive. Both companies have denied wrongdoing. OpenAI has described the litigation as part of a broader campaign by Musk, who co-founded OpenAI and later left.
On September 14, Musk’s companies dismissed their claims against Apple with prejudice, which bars them from bringing those same claims again. They made clear the case against OpenAI would continue. OpenAI, which said it was not a party to the Apple deal and did not know its terms, asked the court to force disclosure, arguing the agreement could undermine the remaining claims and help its defense. Discovery in the case had already closed.
Pittman disagreed. After an in-camera review, he found the settlement did “not present information relevant to the issues to be decided at summary judgment or trial.” OpenAI plans to seek summary judgment and received extra time to prepare that motion. A trial has been discussed for January.
MacDailyNews Take: Apple settled, signed the papers, and left the building. OpenAI is still standing in the hallway demanding to read the other kids’ note. A federal judge looked at the secret deal and said there’s nothing in it that helps ChatGPT’s case. Confidentiality exists so actual companies can end fights instead of turning every handshake into a press cycle. Apple’s out of this. Free and clear. OpenAI’s still in.
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