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Posted by merksittich 9 hours ago

Apple targets dozens of OpenAI employees with legal letters(www.ft.com)
344 points | 295 comments
scrlk 8 hours ago|
https://archive.ph/3J3iw
Zigurd 6 hours ago||
Everybody wants a platform but nobody wants to spend what it takes to make a platform. That includes things like Windows Phone, Fire Phone, all the glasses, Humane, etc.

As much as everybody hates on OpenAI for chaotic management, they did buy Jony Ive and are presumably giving him everything he wants to build a platform for them. Even though it probably only buys them a 20% chance of success, they haven't doomed the project by underestimating what it takes budget-wise.

And they blew it. Maybe they blew it by not realizing that even long time Apple employees could get arrogant about security. Or maybe it was a loose ethical environment in general. Whatever is it the root or the problem, they set billions of dollars on fire maybe tens of billions, by being unnecessarily cute about Apple proprietary information when they could've been above reproach. They had the resources to hire all the right people with the right knowledge and probably already had them on board.

tedggh 3 hours ago||
“ Or maybe it was a loose ethical environment in general”

Altman doesn’t appear to be a beacon of corporate ethics.

There has to be a reason why almost every single important partnership OpenAI had, abruptly ended, except for maybe Nvidia.

Just recently Satya Nadella publicly implied that OpenAI should not be trusted.

They are slowly becoming the STD of the AI industry, it’s like they think they are too big and awesome to need friends.

Maybe pissing Apple off will teach them a lesson?

groby_b 2 hours ago||
"Altman doesn’t appear to be a beacon of corporate ethics."

Do those exist? I'm usually happy to see a mild candle flicker in the ethics window.

Zigurd 2 hours ago|||
When Intel was on top of the world I was fortunate enough to work at one of the partner companies on a project that was a pet project of Andy Grove. I would nominate him and his whole C suite as a beacon of ethics and fair dealing.
PunchyHamster 1 hour ago||
When Intel was on top of the world they tried every trick to destroy the competition so that definitely didn't stemmed from the top...
LarsDu88 4 minutes ago||
Andry Grove was great, but Intel really was the epitome of "competition is for losers"

In the early days all their products were explicitly designed to only work with each other to create a hardware walled garden.

wbl 2 minutes ago||||
Every Wall Street bank is run by guys who get that there are rules to this game and you don't squeeze the unsophisticated the same way. The same can't be said for Silicon Valleys contribution to the brokerage world.
milkshakes 1 minute ago||
is this a joke?
Y-bar 1 hour ago||||
I would say Patagonia would be considered such a flicker.
_doctor_love 2 hours ago|||
They exist but their defining characteristic seems to be that they are not well-known and generally much less wealthy than celebrity CEOs.

Similar to the music world, the better you are, usually the more obscure you are as well. (e.g., Allan Holdsworth is a name known to most pros but the average Jack or Jill have no idea who he is or why he's considered important.)

proee 3 hours ago|||
At this point in his career, Jony Ive is best suited for doing deep dive studies on the corner-radius of new products. And even then, you might as well just default it to that of an ipad, because that seems to be his preference for all things, including $650k Ferraris.
beAbU 1 hour ago|||
Imagine what he'll be able to charge if he does one of those pepsi logo analyses things for a large corp...
jazzpush2 3 hours ago|||
He has no taste anymore. He was right once, made too much money, and lost touch with everything. Now he's a tasteless boomer.
redorb 29 minutes ago|||
I would say he isn't what he once was, age will get us all. However 'has no taste anymore' is too far the other way AND 'tasteless boomer' is in itself a tasteless comment.
joe_mamba 31 minutes ago||||
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bigyabai 3 hours ago|||
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nyc_data_geek1 3 hours ago||
Taste changes. Teslas now feel like janky, shoddily assembled, cheaply sourced ipad cases with wheels and a passenger compartment. Novelty wears off.
bigyabai 3 hours ago||
That's quite a coincidence, because marketing campaigns also change with time and wear off after a while.
duxup 3 hours ago|||
As far as I can tell Ive's expertise isn't "build a platform".

All they seem to have gotten out of it is some creepy blogpost:

https://openai.com/sam-and-jony/

hn_throwaway_99 2 hours ago|||
I think the other thing folks underestimate is how important Jobs was as an editor for Ive's designs. Ive always leaned more to form over function IMO, and Jobs (or the Apple environment in general as it existed under Jobs) helped temper that. I don't think the butterfly keyboard would have seen the light of day under Jobs, and the released Ferrari interior doesn't seem like a stroke of genius to me. Easy to say from the peanut gallery I know, but I still think Jobs was best able to harness Ive's greatness.
selfmodruntime 56 seconds ago||
Ive has potential that needs to be steered, and if Altman has shown one thing it's that he can't direct this employees.
LarsDu88 3 minutes ago|||
I don't get this "build a platform" nonsense. He's a designer. A good one. Who ripped off much of his aethetics from vintage Braun products.
ricardobayes 5 hours ago|||
AI model providers have zero "moat", clients change them as they see fit. This week ChatGPT, next week Claude. The real value is and going to be in hardware - as long as China doesn't enter the GPU/RAM race.

I increasingly see AI investment, generally speaking, as a lost cause. It has very little chance to pay off.

glaslong 4 hours ago|||
Yup. Model capabilities seem to keep converging quickly, not leaders breaking away for long.

Frontier labs are racing towards SaaS commoditization at incredible speed. And while there might possibly be $Trillions in productivity gained from their use, there's no reason to think those gains get captured by the model makers or inference providers at this point.

Maybe the Claude or ChatGPT desktop apps will dominate as the new MS Excel, but that's hard to do without already having locked the whole market into Windows.

There's virtually no platform play available to them.

thewebguyd 3 hours ago||
> there's no reason to think those gains get captured by the model makers or inference providers at this point

Yeah it almost certainly won't be captured by them. That value is going to be captured by the folks/companies that shrink wrap the capabilities into a nice SaaS or other tool, that a business can buy off the shelf and give to their employees.

The model makers are on a fast track to just becoming dumb pipes, not unlike ISPs.

nxobject 4 hours ago||||
> AI model providers have zero "moat", clients change them as they see fit.

That might be true in tech-savvy industries -- but in non-tech industries where the biggest software purchase might be the office suite or the ERP, inertia means the GSuite shops stick with Gemini, and the Exchange/Office 365 shops stick with Copilot.

vlark 2 hours ago|||
I tend to agree with this sentiment. I'm not in the tech sector. As an outsider, it seems to me that OpenAI and Anthropic are chasing government and the defense industry as their main clients. Google and Microsoft are chasing business clients and educational institutions. Amazon and Apple are chasing consumers.
dgellow 2 hours ago||
Isn’t Anthropic literally flagged as a supply chain threat?
8note 1 hour ago||
in the US only insofar as they wont let claude decide who to kill.

from a non-US perspective yes, but so are the rest of the major providers

lwkl 3 hours ago||||
At least from some smaller marketing companies I know that isn't necessarily true. They often have Gemini or Copilot and Claude nowadays and before Claude it was ChatGPT.

The moat is way smaller than with Office or Gsuite because they feed data into the chat interface and it gives them an answer. The moat for Gsuite and Office is higher because you have to move all your data and reorganize it. Oh and everyone has to learn how to use the new software clients.

dgellow 2 hours ago||||
Copilot isn’t a model per se, no? It’s a harness that can use any model that supports tool calls from what I understand. It’s the way Microsoft commoditize ai models
rootusrootus 1 hour ago||
Another casualty of Microsoft using Copilot to describe so many different things.
dgellow 1 hour ago||
Actually surprising that windows hasn’t been renamed CopilotWorkbench yet
bg24 4 hours ago||||
There is a time window when it will flip. When Internet came along, we had a number of businesses that did not survive over the next years.

This time, it is different with AI. The rate of change is significant.

fvwqcecvq 3 hours ago||
Just out of curiosity, what is the change and how are you measuring its rate?

From no internet to internet the change is pretty profound. But my job is already very automated for the most part. It's true AI might automate it a bit more, but it's not like I'm going from zero automation to full on automation. That's not nothing, and it is worth something, but it's also not internet from no internet level of change either.

mathisfun123 4 hours ago|||
I think you don't understand moat - that's not a moat.
dgellow 2 hours ago|||
It can be if it’s really sticky. But I don’t think ai models themselves will ever be sticky, the harnesses might be. But there is very little money to make in the harness itself, and they are also very easy to copy, so yeah, no moat
sweetjuly 3 hours ago|||
The trick is antitrust style bundling. The massive pile of documents and processes tied to GSuite is a moat which makes it hard to switch to something like o365. Since a company might effectively be locked into GSuite (the primary product), if Google forces companies to buy Gemini (the secondary product) by bundling it with GSuite, they've given themselves a moat in the LLM space using their document/email moat from GSuite.

This is essentially what Google has done, and it's a shame the US is so weak on enforcing antitrust laws.

thomasahle 3 hours ago||||
> as long as China doesn't enter the GPU/RAM race

China is obviously in the GPU/RAM race. Heard of Huawei, Moore Threads, Lisuan Tech, CXMT?

petterroea 4 hours ago||||
I'm just happy we get to reap the rewards "for free" (i.e open models are slowly becoming usable, and the winner of the arms race will definitely stand on the shoulders of their competitors that didn't make it)
tedggh 3 hours ago||||
Not to mention with each iteration of every model you get lower cost per token. It’s really a race to the bottom for hyperscalers and neoclouds at this point, with technically only two paying customers.
joelthelion 4 hours ago|||
> The real value is and going to be in hardware

Unless someone comes up with a brilliant optimization strategy or new hardware that renders all that inefficient Nvidia crap overnight.

BowBun 4 hours ago||
I'm privy to dozens of people working on this problem every day and I imagine there's many more people working on this problem out of sight. I'm bullish on this idea, but it's going to be a slow burn.
dylan604 3 hours ago|||
> they could've been above reproach.

This is hilarious. The company run by sama? The company that started as the largest copyright violation ever? How can you be above reproach when you start with such disregard like that?

devin 5 hours ago|||
Forgive me, but what does Jony Ive know about building platforms?
grouchomarx 5 hours ago|||
being an exec at apple for decades you probably pick up on a few things, even if they're beyond your department
throw0101d 3 hours ago|||
> being an exec at apple for decades you probably pick up on a few things, even if they're beyond your department

It's also possible to lose touch (e.g., butterfly keyboards).

NuclearPM 42 minutes ago||
How is that losing touch?
laserlight 10 minutes ago||
Chasing a thinner product at all costs?
ironman1478 5 hours ago||||
The Luce seems to disprove that, at least in his case.
xp84 4 hours ago|||
It's the Apple Watch Edition of cars.
dramm 4 hours ago||
It’s the Apple Watch Edsel of cars.
whyenot 3 hours ago||||
The car that has sold out in almost every market outside the US?
ironman1478 1 hour ago|||
Ferrari tends to sell well, partially due to allocation requirements so you have to factor that in.

There will be a market for the car, but Ferrari is a mix of a car company, a lifestyle brand, and a jewelery company. The Luce doesn't really fit the image they've cultivated and is not distinctive enough from the rest of the market. It's almost too pedestrian. The inside is nice, but you can't flex on others with a nice interior. It also doesn't have fun features that are proving to be desirable, like the faux shifting that the Hyundai has and that other brands are gonna start adopting. It feels like a car Ferrari made to say they made an EV. Its like they felt they had to, either due to internal or external pressures.

rootusrootus 1 hour ago||
> allocation requirements

If I am understanding you correctly, it seems the Luce does not factor in to that equation. There are no requirements for anyone to buy a Luce in order to unlock the privilege of buying higher tier models.

ironman1478 1 hour ago||
I actually didn't know that. If not, then cool!
beAbU 1 hour ago||||
Both the cybertruck and apple vision pro basically sold out upon release... Selling out does not mean shit. Just proves there are many fools out there with too much money.
quickthrowman 9 minutes ago||||
That’s extremely easy for Ferrari to do, here is how it works:

“Hey, it’s your friendly Ferrari dealer. About your position on the list for an F80… we’re going to need you to buy a Luce to maintain your position and ensure you are eligible to purchase an F80 when we get an allocation.”

And that’s how you sell out a production run for a Ferrari that looks like a Kia. Force rich people to buy it to get the car they actually want, just like a Rolex AD does with Lady Datejusts if you want a Daytona allocation.

estearum 3 hours ago|||
Aren't there like a hundred of them? And yeah, sure, it'll obviously be a collector's item. Provides no evidence to this discussion.
rootusrootus 1 hour ago|||
IIRC the expectation is that the yearly production run will be about 10x that. The initial China volume was 88 units.
dylan604 3 hours ago|||
A hundred? That's a big run for Ferrari isn't it?
ironman1478 1 hour ago|||
Not anymore. Their numbers are higher nowadays.
estearum 3 hours ago|||
Yeah but thankfully it can be manufactured in a Hasbro factory, if need be
blitzar 5 hours ago|||
I believe "Luce" is correctly pronounced "Apple Car"
shimman 4 hours ago|||
Not really, hubris is a real thing and not just a plot point.
joe_mamba 5 hours ago|||
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joshstrange 4 hours ago|||
Small nit.

> they did buy Jony Ive and are presumably giving him everything he wants to build a platform for them

If they hired Jony Ive to build a "platform" they will be very disappointed. He has no experience in doing that. They hired him to design a device, probably comment on the UI (if there is any, though I don't think he is qualified to direct either UI personally).

Aside from that, yeah, they royally screwed up here. Either by hiring unsavory people who think this acceptable behavior and/or by not managing/supervising them.

I've said it before on this topic: this goes _way_ past non-competes and the like. If you learn a novel method for doing something you are free (in my book) to recreate it at another company. You are not free to steal code/designs/etc verbatim and you are absolutely not ok to encourage people you are poaching (poaching is fine itself) to steal secrets/ideas on their way out. Also the whole "lying to a manufacturer to say Apple gave OpenAI permission to use the same proprietary technique" is really gross.

watwut 3 hours ago||
> Either by hiring unsavory people who think this acceptable behavior and/or by not managing/supervising them.

Is there any reason to think this is roque employees doing something? We know Altman is ethically challenged. It is equally or even more likely that management welcommed employees to doing this.

MattDamonSpace 3 hours ago|||
I maintain that if Humane wasn’t arrogant as hell and had just put a screen on their device, theyd have been PERFECTLY placed to become the open-platform AI Phone

Hell they might’ve been bought by OpenAI for billions instead of… HP lol

dzonga 4 hours ago|||
the rot starts from the top.

sama plays loose with the truth. so likely the employees are gonna follow their boss in cutting corners.

you see it everywhere in gvt/large organizations - if you come from a poor country - if the president is corrupt - the whole gvt gets corrupted.

amelius 4 hours ago|||
> Everybody wants a platform but nobody wants to spend what it takes to make a platform.

That's why Apple used open-source software to build a kernel.

And why they used third party developers to develop the ecosystem of applications.

rjrjrjrj 3 hours ago||
> And why they used third party developers to develop the ecosystem of applications.

Isn't that the very definition of a platform?

ClumsyPilot 2 hours ago||
Platform must be the most abused word ever

Apparently, everyone is building the platform all the time, even when it’s just a user facing application

SpaceNoodled 20 minutes ago|||
The Fire Phone did exactly what it was designed to do. It contained technologies that Apple fans were crowing about a decade later! Its major problems were the braindead carrier lock-in and the moronic pricing.
dofm 4 hours ago|||
I don't think Jony Ive has this skillset either. They might make a very nice device (I'd expect it to be polarising).
JumpCrisscross 6 hours ago|||
> And they blew it

This could be a blessing in disguise for OpenAI. This mess was conducted under Altman’s watch—it could be an opportunity to Kalanick him.

The Board could elevate Altman to Chairman emeritus or something, choose a new CEO and settle with Apple. That will probably involve shutting down the hardware project and clawing back comp from its employees who helped make this mess.

delusional 5 hours ago|||
> Everybody wants a platform but nobody wants to spend what it takes to make a platform.

Ahistoric jibber jabber. Microsoft gave it their very best shot with Windows Phone. Facebook renamed the entire company to make VR happen. These companies have shoved everything they got into making these platforms, and their fate would not have been different if they had been given another billion.

Platforms are hard to make, and wanting it bad enough is not enough to make one.

Stealing from the one company that has managed to court success makes a lot of sense. They are the only company with any successful experience.

Zigurd 5 hours ago|||
Fair enough, but I'd point out that, unlike Second Life, Meta didn't buy pants. If you want a chronicle of wasted spending regarding Microsoft and mobile devices, Google "Tomi Ahonen."
StableAlkyne 4 hours ago|||
> Meta didn't buy pants

They also succeeded in the monumental task of making VR look boring.

VR platforms are an escapist's dream: you can be anything you want doing whatever you want. And how did they show off their fantasy world machine? They did office meetings in avatars of their real life selves.

Just spend one night in VRChat and everything Meta did will look like Plato's cave shadows.

keeda 2 hours ago|||
Ehh, Tomi Ahonen always came across as someone who was letting his emotions cloud his judgment (maybe the N9 was his pet project?) which was not great for a "consultant." Sure enough when I looked around there was substantial criticism to be found, e.g. https://dominiescommunicate.wordpress.com/2014/06/25/top-ten...

Also wasted spending is not quite the same as "not wanting to spend" -- it's more, to GP's point, "spending a lot unsuccessfully." I got the sense a lot of the friction Nokia and Windows Phone faced were due to Google (and to some extent Apple) using the market dominance of their properties (Android, YouTube, Search, Maps) to suppress competition.

I suppose it's fair play for what MSFT did in the OS and browser wars, but they got dinged pretty hard by Antitrust and played nice for a decade+ after that. Google is starting to see the antitrust blowback for it's actions only now, long after the competition has been crushed.

saghm 3 hours ago||||
> Stealing from the one company that has managed to court success makes a lot of sense.

It makes a lot of sense to get into a massive legal battle with one of the most deep-pocketed companies on the planet?

fauigerzigerk 5 hours ago|||
I don't know. Some of it did seem like short attention spans and not enough perseverence. But what do I know being far from an insider.
isodev 4 hours ago|||
Why are we taking Apple’s side here? They made accusations, nothing had been proven yet.

Who is to say Apple employees (at Apple) haven’t been vibe coding or asking gpt for technical topics? Also, funny timing from Apple - there is a lot of PR and optics riding on this lawsuit.

kmeisthax 1 hour ago|||
While I agree that OpenAI is run by thieves, you can't tell me that Apple wouldn't have tried the same shit on a more scrupulous attempt at building a platform competitor?

Like, this is the same Apple that tried to tell a judge "a touch is a zero-length swipe" when suing the shit out of Android vendors, right? In their eyes, all the competition was supposed to stick with styluses and Windows Mobile 6.x.

freejazz 3 hours ago|||
Unnecessarily cute? It's a documented campaign of industrial-scale theft...
vessenes 1 hour ago|||
[Citation Needed]. Demand letters are one thing. Proof is another. And California laws are, to my understanding, pretty employee friendly as a matter of policy. We'll see where this ends, but I wouldn't assume right now this is anything but typical corporate engagement.
valleyer 34 seconds ago|||
This lawsuit alleges violation of federal, not state, law.
senordevnyc 1 hour ago|||
This is the logical take. I would bet that this doesn’t doom anything, they’ll just quietly settle it, likely for a relatively small amount.

People here are way too invested in hating Sam to be remotely rational on this topic.

duped 4 hours ago|||
What does that have to do with employees stealing documents?
Apocryphon 6 hours ago|||
A decade ago Uber seemed poised to be the big tech powerhouse. Maybe not a platform per se (certainly not an ecosystem as other companies had it) but a major provider of software for all kinds of verticals beyond their core business. What happened to that?
mprovost 5 hours ago|||
Most of Uber's "platform" seemed like pet projects that engineers used to justify promotions, and then were quietly abandoned.
nicce 4 hours ago||||
Uber managed to make the business by lobbying so hard. In some countries they broke the regulation of tax drivers and made the environment like wild jungle. Now, people don't feel "safe" anymore for random Taxis and prefer Uber in many places.
therealdrag0 5 hours ago|||
Many of them left and turned into startups around that tech, like Temporal.
bellowsgulch 6 hours ago|||
Yes, but how do we know specific manufacturing processes weren’t in employee contracts like, “If you leave Apple you can’t utilize the invisible weld process invented here for the iMac.”

I mean regardless of whether it’s a trade secret, you’re going to know how to do specific things that can’t be protected against copying.

There are no practical laws against understanding the laws of physics, chemistry, and metallurgy when it comes to anodizing.

JumpCrisscross 5 hours ago|||
> There are no practical laws against understanding the laws of physics, chemistry, and metallurgy

Except there are. It’s why clean-room design [1] is a thing.

[1] https://en.wikipedia.org/wiki/Clean-room_design

bellowsgulch 9 minutes ago||
[delayed]
freejazz 7 minutes ago|||
> There are no practical laws against understanding the laws of physics, chemistry, and metallurgy when it comes to anodizing

And unsurprisingly, that's not what the lawsuit is over!

aprilthird2021 6 hours ago||
Your comment assumes they have stolen some propietary info or trade secrets but it hasn't been determined yet that they have, no?
JumpCrisscross 6 hours ago||
> it hasn't been determined yet that they have

Legally, no. Reasonably, for purposes of discussion, I think it has. The “LOL” dumbfuck who airlifted files into OpenAI isn’t particularly ambiguous [1].

[1] https://www.bloomberg.com/news/articles/2026-07-11/openai-en...

aprilthird2021 5 hours ago||
It is ambiguous still at this stage though. There's no proof he used this info at his job or that he was directed to take it by anyone (he may have thought it helpful to his career in a way OpenAI never asked for or even invited).
JumpCrisscross 5 hours ago|||
> There's no proof he used this info at his job

LOL Liu hasn’t—to my knowledge—been fired. When OpenAI was notified of his conduct, they didn’t confidentially settle. Instead, OpenAI’s legal went cold on Apple.

It’s not legally certain. But you really have to stretch the facts to make this seem ambiguous.

freejazz 6 minutes ago||||
But he stole it, no? What's ambiguous about that?
shimman 3 hours ago|||
The court of public opinion is a thing, and the onus isn't on us to not trust a rich tech bro to not be an unethical person. That's on them to fix their image + avoiding jail time.

The rest of us are allowed to rightfully laugh at them.

deepwoods 8 hours ago||
FT frames this as some aggressive escalation tactic, but document retention letters are extremely standard practice. At this point they're basically a formality, as any former Apple employee at OpenAI really ought to know by now that they could get dragged into this. Hold letters can be aggressive if you send them before you've even filed a complaint, but if anything, Apple is late to the party with these.
LatencyKills 6 hours ago||
Something similar happened to me when I left Microsoft for Apple (I moved from the Visual Studio team to the Xcode team). MS spent six months trying to prove I'd taken "industry secrets" with me. I hadn't. The entire thing felt like a personal attack and was extremely stressful.

It sounds like, in this case, Apple has hard proof that documents were stolen.

ajju 5 hours ago|||
This seems like an important post. It looks like these letters are occasionally used to as a tactic, and i can see how such a tactic can really scare employees in a country where legal bills can climb really fast.
joshstrange 4 hours ago||
> in a country where legal bills can climb really fast

Honest question: Are there countries where this is not the case? I'd be interested to read more about how that manage that. If it's some sort of "protecting the little guy"-type thing or a general suppression of legal costs. Or maybe I'm reading too much into your comment.

FabCH 42 minutes ago|||
Regulated legal insurance market coupled with „looser pays all the costs“ system.

The insurance doesn’t mind fighting for you because they will get paid by the company making the frivolous suit. You don’t pay much, 10$/month.

Although in this particular case, you wouldn’t even need that, since either you took the documents and that is criminal fraud prosecuted by the state or you didn’t take the documents and then the company would be in hella trouble if they perjured themselves to the public prosecutor claiming you did.

adrian_b 3 hours ago||||
In many countries, the loser pays all the legal bills.

So if you have been wrongly accused, that may cost you nothing.

cactacea 3 hours ago||||
It is more that labor protections in most of the industrialized world actually mean something, such that this sort of behavior is generally not even to be considered an option by an employer.
shimman 3 hours ago|||
Yes, the US is actually unique in this position. It even has it's own name the "American Rule."

In every other country, the loser pays the winner's legal fees.

im3w1l 3 hours ago||
Doesn't that mean that if you have a slam dunk case you can get a super expensive lawyer just to run up costs as much as possible? Hell, could you ask your friend to be your legal representative and have him charge you a gorillion dollar in legal fees? Then when you win you split the loot?
tfourb 3 hours ago|||
Civilized countries regulate the rates that lawyers can charge for standard work. Also lawyers get only reimbursed for reasonable costs by the loser. Still expensive, but not absurdly so.
FabCH 40 minutes ago||||
No because lawyer is a protected profession with regulated rates.

Unless your friend happens to actually be a legally licensed lawyer.

tiahura 2 hours ago||||
No. The fees must be objectively reasonable and usual and customary for the effort and level of skill required. To get fees, you must submit an itemized billing statement that gets picked apart by the other side.
samatman 3 hours ago|||
It does, and it absolutely has a chilling effect in countries which don't do things this way.

Sue someone who can spend millions of pounds (for the sake of argument) on defence? Better be certain you can win... against someone who can spend millions of pounds, and probably went to the same public school as the judge.

In America, legal fees can be awarded as additional damages. We should do it more than we do. But given those two options? I'm on Team American Rule, 100%

watwut 49 minutes ago||
You are making stuff up. You wont get paid arbitrary large fees, but the amount of fees usually paid for similar case.
marklar423 5 hours ago||||
Did Apple help defend you against those claims during the six months?
LatencyKills 4 hours ago||
They did. That said, I don’t know how much “defending” they had to do given that I was never even told what, exactly, I was supposed to have stolen. But, like I said, it was both surprising and anxiety inducing.
nxobject 4 hours ago||||
> It sounds like, in this case, Apple has hard proof that documents were stolen.

Honestly, the proof is the least surprising part -- Apple's been paranoid about leaks for decades, even when the stakes have been lower.

bayindirh 5 hours ago|||
> It sounds like, in this case, Apple has hard proof that documents were stolen.

I believe some articles mentioned about employees bragging to their former colleagues about accessing documents. Also I believe they lied to Apple about being employed elsewhere so they can continue using their access and hardware, etc.

If these are correct, the whole OpenAI playbook is very dirty, and I won't pity them a bit.

compiler-guy 4 hours ago||
Apple also has server logs that track these former employees downloading confidential docs. It doesn't prove that they shared them over to OpenAI, but Apple has pretty solid proof that the former employees saved them without authorization.
elicash 6 hours ago|||
I'm not a lawyer, but I would also guess they need to "flip" these folks against OpenAI and get them to cooperate in the lawsuit against the actual folks with big pockets. I think they're essentially alleging a conspiracy by OpenAI and they need as many examples as possible to make the case that this was a pattern and standard practice, not just one or two idiots acting on their own.

So if I'm a former Apple employee and I get one of these scary letters, I'm asking my attorney if I could get out of a lawsuit by sharing any information I have about any potential OpenAI shady practices.

wildzzz 5 hours ago|||
You shouldn't ever willingly give up information to a plaintiff if it could implicate you. If the information exists, it's going to come out in discovery. Admitting to theft of trade secrets is probably not going to help you, it's not like the cops offering you immunity for turning state's witness.

You talk to a lawyer and do what they say, not what Apple demands of you. No one but a judge can demand anything of you.

freejazz 2 minutes ago||
Anyone is free to demand anything. You can even say no to a judge. You wont like that result, though.
fisf 6 hours ago|||
That's overly dramatic.

At this point, the assumption would be that they are a non-party witness.

So, beyond not destroying any potential evidence, you might as well tell them to shove it.

elicash 4 hours ago||
It is not overly dramatic to suggest getting a letter like this is INCREDIBLY scary.
s1artibartfast 1 hour ago|||
Seems kinds dramatic. Legal holds are common in my industry, not really a big deal. Most of my senior colleagues have been deposed or testified. Stressful but shouldn't be scary unless you did something criminal
asadotzler 1 hour ago|||
It's not scary. I received one of these letters for the DOJ vs Microsoft trial while working at Netscape and it was less scary opening it than the email from my cube mate titled "you won't believe it."

The lawyers told us ahead of time we'd be getting the letters. They told us what we needed to preserve and what we could comfortably trash. There was never any follow-up or specific requests for what I had on my machines. That was that.

The idea that getting a legal request is scary is silly. We were employees getting employee guidance from our employer on what to do at every step of the way. We weren't individuals fending for ourselves, wondering about getting something wrong, being taken in for questioning. We were doing what we always do, work hard and listen to the company lawyers if they have something to say.

Danox 5 hours ago|||
They’re not late to the IPO party, which was postponed by OpenAI, It may turn out that that was a mistake. OpenAI probably should’ve gone ahead, particularly in light of the pending court case.
JumpCrisscross 5 hours ago|||
> They’re not late to the IPO party, which was postponed by OpenAI, It may turn out that that was a mistake

Isn’t that precisely what being late to the party means? You should have showed earlier?

jamiek88 4 hours ago||
Typo for ‘now late to the party’ prob.
staticman2 4 hours ago|||
Would they have had to disclose a known Apple lawsuit threat in the IPO disclosures? If so that might explain the delay...

Also Apple could have filed the litigation right before the IPO and after a IPO announcement. OpenAI doesn't get to decide when Apple sues them.

tiahura 2 hours ago||
I routinely send them in whiplash and slip fall cases re surveillance video, phone records, etc.
reenorap 8 hours ago||
Apple must have hard evidence on this. I can’t believe they would take it this far without already knowing they are going to win. If they have to fire a huge chunk of their hardware employees it’s going to throw their IPO plans into chaos.
martinky24 6 hours ago||
They literally do have hard evidence. They have records of an employee (Chang Liu) who left for OpenAI copying dozens and dozens of files off of their server after he left.
hn_throwaway_99 43 minutes ago|||
Not to mention text messages to existing Apple employees saying he could still access Apple servers after being term'ed and bragging about it "lol"!
aprilthird2021 6 hours ago|||
That's not enough though. He could have been acting rogue or for some other reason. That alone won't win in court
Danox 5 hours ago|||
Among 40 ex Apple employees come on at least five or six of them probably crossed the line in their enthusiasm to get the big bucks.

If it was a small number, four or five total, maybe, but not 40.

JumpCrisscross 5 hours ago||
Also, Apple confronted OpenAI about LOL Liu. OpenAI’s response wasn’t to fire him, conduct an investigation and confidentially settle with Apple. It was to go cold.
iAMkenough 5 hours ago|||
"acting rogue" but faced no action from OpenAI after this came to light
jstummbillig 7 hours ago|||
What do you mean "this far"? How far is this?

Corps lose law suits all the time. They always have to go whatever "this far" is before it happens, surely?

cj 7 hours ago|||
Filing lawsuits against ex-employees is going pretty far. Not good PR for Apple if their claims are wrong.

Companies often file frivolous lawsuits against other companies. It’s much rarer to throw frivolous lawsuits at individuals.

doctaj 7 hours ago||
Just to be clear, these are letters to individuals about the existing lawsuit with OpenAI, not new lawsuits against individuals.
JumpCrisscross 6 hours ago|||
> these are letters to individuals about the existing lawsuit with OpenAI, not new lawsuits against individuals

My guess is these employees weren’t chosen randomly. If they refuse to coöperate with Apple, they’ll get personally sued as well.

And the reality of the matter is, given Altman’s public persona and reputation, there is a good chance an AG somewhere starts looking at whether these folks broke any laws.

compiler-guy 4 hours ago|||
Definitely not randomly chosen--Apple would have chosen people it believes may have evidence that relates to the case. It's a legal request to preserve that data.

But it doesn't follow at all that Apple is threatening to sue them. A long time ago, in an unrelated case, I got a letter like this because I was in the room when a certain decision was made and happened to have some notes about that meeting. But there was no chance I would be sued. I wasn't the decider, and was basically a third-party involved.

Danox 5 hours ago||||
They will find out what Altman really cares about, my guess at this point, he only cares about the impending IPO throwing baggage overboard (new hires), probably won’t be a problem in the end.
staticman2 4 hours ago|||
> If they refuse to coöperate with Apple, they’ll get personally sued as well.

This isn't law and order and that's not how civil litigation works.

shimman 3 hours ago||
They can easily be found to have violated the Computer Fraud and Abuse Act, like this is a slam dunk. Highly possible too seeing the massive public hatred against companies like OpenAI. DAs like easy political wins too and what better win than sticking it to OpenAI and its lackeys?

Might have to make some phone calls to my local representatives now...

s3p 6 hours ago||||
>How far is this?

If I am understanding your question, they went so far as to sue their employees.

jstummbillig 4 hours ago|||
Is this uncommon when it comes to corporations? Sue the people who (allegedly) did the thing?
jasonlotito 6 hours ago|||
You are getting downvoted because, I guess, people didn't read who the defendents who are getting sued, and that it literally starts with sueing two employees:

CHANG LIU, TANG YEW TAN, OPENAI FOUNDATION f/k/a OPENAI, INC., OPENAI GROUP PBC, and IO PRODUCTS, LLC f/k/a IO PRODUCTS, INC.,

jader201 6 hours ago||
There are two individuals being sued, but many more received letters.

Parent is being downvoted likely because their statement implies the “dozens” receiving letters are individually being sued, but that’s not the case.

Forgeties79 7 hours ago||||
The accusations are incredibly clear/defined (and serious!) and have a very simple burden of proof. These things either happened or they didn’t, and they have material evidence or they don’t. It’s incredibly unlikely that they filed such big, concrete accusations without concrete proof to back them up.

And while I am far from an Apple fan boy, yes a lot of big corporations file frivolous lawsuits but Apple typically does not engage in that behavior against other companies. Also bear in mind that open AI is a huge name so there is a public/political element that goes along with this for Apple. There are going to be a lot of people who do not want Apple to win this regardless of how true their claims are and will figut like hell to protect openAI

White_Wolf 6 hours ago|||
"Apple typically does not engage in that behaviour against other companies" - Meet Rossman. He'll tell you all about that and individuals too.
asadotzler 39 minutes ago||||
Apple doesn't engage in that behavior against other companies? Apple doesn't abuse the legal system for business gain?

Apple Computer, Inc. v. Microsoft Corp. and Hewlett-Packard Co. (1988–1994) -- Apple lost its ass on this one, entirely frivolous. Every single major claim failed.

Apple Inc. v. HTC Corp. (2010–2012) -- Apple patents wiped out over frivolity

Apple Inc. v. Motorola Mobility, Inc. (2010–2014) -- Mutually destructive patent fight, Apple's loss

Apple Inc. v. Samsung Electronics Co. (2011–2018) -- Pretty suspect. Lawyers still undecided

Apple Inc. v. Qualcomm Inc. (2017–2019) -- Apple settled, needed QC modems more than a win

Apple Inc. v. Epic Games, Inc. (2020–present) -- Apple was ordered to stop anti-steering rules, won little

Look, Apple sued Samsung over the corner radius on piece of hardware. It's currently suing a YouTuber for publishing renders of pre-release iOS.

And that's just the tip of the iceberg for Apple suits, many pretty unconvincing. Here are a few more.

Apple Computer, Inc. v. Franklin Computer Corp. (1982–1983) Apple Computer, Inc. v. Apple Corps Ltd. (1978–2007) Apple Inc. v. Psystar Corporation (2008–2011) Apple Inc. v. Corellium, LLC (2019–2023) Apple Inc. v. NSO Group Technologies Ltd. (2021–present) Apple Inc. v. Rivos Inc. (2022–2025) Apple Inc. v. Andrew Aude (2024–2025)

So don't tell us Apple doesn't abuse the legal system for business gain. It's obvious to anyone with eyes that it regularly does so.

amazingamazing 10 minutes ago||
without knowing the full extent of law suits initiated by apple this cherry picked set means nothing. a little over a dozen lawsuits you mentioned in a 40 year period. I mean so what, lol.
marginalx 6 hours ago||||
They also have a new CEO at the helm.
Tempest1981 6 hours ago||
Effective Sept 1
user43928 6 hours ago|||
I do not know a lot about Apple's litigation against other companies, but Apple did file numerous largely unsuccessful challenges to the EU's DMA.
browningstreet 5 hours ago||
You see how that’s an entirely different kind of legal action, right? It’s a resistance to regulation, which is entirely different than this accusation of malfeasance.
deaton 6 hours ago|||
Apple lawyers have a reputation for doing their homework
teeray 7 hours ago|||
Makes you wonder if they’ll settle for bargain-basement token prices for Apple Intelligence.
dofm 7 hours ago|||
I think it is clear that if Apple were going to deal with OpenAI on that level, they already would have. What they wanted for their AI products is a measure of control over their destiny that OpenAI clearly did not want to give them that badly. It's also pretty clear that Apple is willing to work with arch-rivals to supply components of their products, both software and hardware, but values consistency alongside trustworthiness.
moduspol 7 hours ago|||
This stuff happened years ago, right? Something tells me that discussion has already happened, and they went with Google.

Besides: Apple is a "real" company that will definitely still be around in five years. They've already fumbled Siri multiple times. IMO Google was certainly the right choice for actually executing well on Apple's own terms for the foreseeable future.

testfrequency 7 hours ago|||
You’re underestimating how much Apple Legal goes after anyone and everyone they feel a slight wrong sniff about.

I know some insane stories that will never be publicly disclosed for one reason or another, and…it’s not a legal team I’d ever want to cross paths with.

It’s also not the first time Apple has cried wolf at employees leaving the company to do bigger and better things, while trying to take responsibility for their successes.

jubilanti 6 hours ago|||
Oh, in that case, I just happen to have some insane stories that will never be publicly disclosed, and every one of my stories rebuts every one of your stories.
cwmoore 6 hours ago||
I can only wonder what percentage of human conceptual abilities are expended on rebuttal.
Forgeties79 6 hours ago|||
Then share some of those insane stories with sources I guess. Because this seems to directly contradict my understanding of Apple (post-Jobs in particular).

I do not love Apple, as I said another comment I am so far from an apple fanboy, but frivolous lawsuits against other companies is not really typical for them. Also, these accusations are far from frivolous and they either have proof or they don’t. It would be very strange for them to file this thinking they would win with some sort of gray area argument

testfrequency 6 hours ago||
I worked at Apple for a few decades. My comment was not meant to be cryptic as much as it was to say: their legal team is very very hands on.

As you could imagine, I’m not sharing any specific information.

newaccount670 7 hours ago|||
[dead]
seviu 7 hours ago||
This is John Ternus having a beef with Tang Tan. It’s widely known they both competed for the role of CEO. Tim Cook would never have started this.

It shows a level of pettiness and arrogance which I never expected to see from Apple.

I can’t put myself in the mind of John, but he clearly hated Tang.

From outside and with a parent’s perspective this looks like my kids throwing a tantrum.

John must be thinking he is the new Steve Jobs (Steve would definitely do this)

jonlucc 7 hours ago|||
It's interesting that you say they must have hated each other, but assume only Ternus is acting on that. What makes you think Tan's hatred of Ternus or animosity toward Apple for picking Ternus over him didn't lead Tan to do the alleged behavior?
gota 7 hours ago||||
Maybe a naive take, but if there's one team in a large corporation that does not bend to "the CEO(-to-be) wants it", that is the Legal team. Particularly when the ask is a lawsuit of this scope and relevance, and potential costs (of all kinds). The head of Legal can just hint to the board how expensive (in all senses) the vendetta would be and the CEO is likely "not to be" anymore, or "to be temporary".
jasonlotito 6 hours ago||||
Tim Cook is the current CEO. Tim Cook is doing this. Any assertion otherwise is 100% wrong.

John Ternus doesn't become CEO until September 1st. If you think that this is still John Ternus' play, Tim Cook is still the one in charge and signed off to start this, meaning "Tim Cook would never have started this" is still 100% wrong.

xp84 4 hours ago||||
Weird take. With as much evidence as they have (unless they're just wildly fabricating everything in their lawsuit complaint, which... really? All Apple's lawyers are just making up claims in court documents? Sounds very career-ending, why would the lawyers do that?) they would be complete idiots not to sue.
rjrjrjrj 3 hours ago||||
Widely known where?

Tang was never mentioned as a candidate in anything I read over the past few years. He wasn't an SVP.

axus 6 hours ago||||
The alleged crime sounded childish. Appeal to rule of law, enforced by the court system is necessary for a fair business enviornment.

Sending the notification letters is probably petty though.

compiler-guy 4 hours ago||
These letters are simple "If you have evidence related to this lawsuit, you must preserve it" letters. And entirely routine in this kind of action. There are more of them than in most cases, because this is such a big case. But the gist is entirely routine.
appplication 7 hours ago||||
This comment is really strange and reads like disinformation
MattDamonSpace 7 hours ago|||
Agreed Steve would do this

But the iPhone is the most valuable consumer hardware product on the planet, and the accusations here is “conspiracy to steal” essentially.

Is it really that petty? Apple should be okay with theft of valuable secrets?

wat10000 7 hours ago||
Apple comes down hard on employees who merely leak to the press. Taking internal documents to a competitor is not going to be fun.
symfoniq 7 hours ago||
OpenAI only exists due to the theft of content created by others.

If Apple’s accusations prove to be true, it just means that OpenAI is consistent.

Saline9515 5 hours ago|
I think that it's quite clear in the digital era that you can't steal bits that are free to copy.
b40d-48b2-979e 3 hours ago||
I think it's quite clear that only applies to corporations. Workers will still go to prison.
whh 44 minutes ago||
Starting to feel like I might get a legal letter from my secondary school for not crediting them for what they've taught me.
bix6 8 hours ago||
Predictions on who wins? Does Apple actually have a winnable case or are they just throwing a wrench in things?
jasode 7 hours ago||
>Does Apple actually have a winnable case

Based on the previous thread, Apple seems to have damning evidence of wrongdoing by the (ex)employees before-and-after they left their positions at Apple: https://news.ycombinator.com/item?id=48865019

Seems very similar to Google/Waymo winning its case against Uber (ex-Googler Anthony Levandowski) stealing corporate data.

Apple has the employees' emails history, the server access logs, etc. Really don't see Apple pursuing this unless they had a mountain of evidence against them.

ksec 7 hours ago|||
Generally speaking, I think Apple tends to win on anything related to ex-employees. I am not sure if this is normal across Big-Tech. But surely is for Apple.

Depending on what is at stake. Example the one with Nuvia and Qualcomm I believe they just settled.

rancar2 7 hours ago|||
Oh the irony if Apple can get a larger OpenAI stake than Microsoft.
JumpCrisscross 6 hours ago||
I don’t think Cupertino will settle for stock. I think they’ll demand cash and an agreement that OpenAI abandon or reboot their hardware project. In the meantime, Apple gets an open kimono into everything OpenAI has planned.

This could actually be the fuckup that kills OpenAI as an independent company. The threat of a cash judgement gums up not only an IPO, but also debt-based fundraising. (We equity guys are idiots, so we’ll probably keep writing cheques until the market turns.)

thewebguyd 2 hours ago|||
> reboot their hardware project

This could go way beyond any potential hardware project, depending on whats actually true from the allegations and how much of Apple's trade secrets have been used or shared within OpenAI.

There were rumors a while back of OpenAI building some integrations into macOS akin to the Shortcuts app, and who knows what other computer use type projects. They could very well have been using information from within Apple for that.

It's kind of a fruit of a poisonous tree problem. If OpenAI used any of Apple's secrets broadly, Apple could ask the court for an injunction to block the deployment of any software from OpenAI. If discovery proves the IP contamination spread into other areas within OpenAI, it could completely freeze all of their deployments.

If Apple actually has the receipts here they could realistically bring down OpenAI entirely.

senordevnyc 40 minutes ago||
If OpenAI used any of Apple's secrets broadly, Apple could ask the court for an injunction to block the deployment of any software from OpenAI. If discovery proves the IP contamination spread into other areas within OpenAI, it could completely freeze all of their deployments.

I find this so funny. Can you share an example or two of where something like this has ever happened to one of the largest companies in the world? There is no universe where some judge orders that OpenAI can no longer deploy any software, for anyone (including huge swaths of the federal government) because of the alleged actions of a few people, and it’s allowed to stand. Zero chance.

I’ll say one thing for Sama: he might have a lot of haters, but it’s not that hard to prove them wrong with predictions like these.

senordevnyc 48 minutes ago||||
This take seems wildly disconnected from reality.

My prediction: this will result in a relatively modest undisclosed settlement and OpenAI won’t abandon, or even modify, their hardware product because of this. And Apple definitely won’t get an “open kimono” to everything OpenAI has planned.

This is two of the largest, most powerful, most well-capitalized companies on the planet in a legal fight. People are taking sides because of their hatred of Sama, and it results in these bizarro takes that OpenAI is finished as a company lol.

Guess we’ll see.

the_lucifer 30 minutes ago||
> most well-capitalized companies

Huh what? Since when is OpenAI's IOU's and paper money worth more than Apple's cold hard cash? They have been backing away from their infrastructure commitments and literally pushing their IPO out.

Their "value" might fly with idiot VC's that are willing to throw money at them based on vibes. They are "big" on paper, nothing close to the financial heft of Apple. If anything this is where Sam Altman’s reality-distortion-field isn't going to fly.

> ... it results in these bizarro takes that OpenAI is finished as a company lol.

Meanwhile there's repeated news of OpenAI barely making ends meet and poised to run out of money mid next year. Unfortunately, OpenAI being 'well-capitalized' just doesn't hold up to what we've been actively seeing.

an0malous 4 hours ago|||
> This could actually be the fuckup that kills OpenAI as an independent company.

I wonder if they’ll be the Lehman Brothers of this bubble

the_lucifer 29 minutes ago||
> I wonder if they’ll be the Lehman Brothers of this bubble

That's exactly what this Yahoo Finance article today calls them at least [1]

[1]: https://finance.yahoo.com/technology/ai/articles/lehman-brot...

MichaelZuo 7 hours ago|||
It would be very strange for Apple’s legal department to send out formal letters filled with claims on a lark.
nba456_ 7 hours ago||
Not really, just slowing down a potential competitor could still be worth it.
steve1977 6 hours ago|||
I don't think they would consider OpenAI a potential competitor, unless OpenAI has trade secrets of Apple.
gsibble 7 hours ago|||
That's never been Apple's playbook with lawsuits at least.
moralestapia 8 hours ago|||
Apple is not the company that makes this sort of thing just for fun.

Also, they don't have a directly competing business with OpenAI, so slander doesn't make sense.

I think this is genuine.

nojito 7 hours ago||
Both parties will just settle.

Apple already caught former employees accessing the Apple internal network with unreturned laptops after termination that’s pretty much game over.

smith7018 7 hours ago|||
Why would Apple settle? They probably want the same outcomes of the Waymo v Uber trial that forced Uber out of the market. Apple's accusations imply that every part of OpenAI's hardware effort has been tainted with Apple's trade secrets and is therefore illegitimate. They also have more money than God so they can keep the suit going as long as they want.
xp84 4 hours ago|||
This is an interesting point here. Due to having infinite money already, that's a possible dynamic we might see. OAI admits "Yup, obviously you got us. Let's write a check." And Apple might just respond "Nah, we are obviously going to win at trial, the legal fees don't bother us a bit, and honestly we don't really need the money, we'd rather destroy you as heavily as possible, for some combination of making an example out of all the criminals involved, plus there's a tiny chance you could threaten us someday considering you hired 'our boy' Jony Ive to build hardware."
thewebguyd 2 hours ago||
There's also just the possibility that the use of stolen IP has contaminated most work within OpenAI to the point that an injunction could realistically stop all deployments by OpenAI and grind the company to a halt during discovery, before a trial even happens if Apple is granted the injunction.

If Apple has receipts, this could spell the end of OpenAI anyway. Even if Apple doesn't go to trial, at minimum, OpenAI will need to discard any work that even remotely touched or was influenced by Apple's IP here. If it was shared broadly within OpenAI across multiple projects, it could be quite substantial. Fruit of a poisonous tree and all that.

staticman2 7 hours ago||||
Uber was not forced to leave the self driving car market by Waymo's litigation. The litigation ended in February 2018 and Uber left the market in December 2020.
JumpCrisscross 6 hours ago|||
I think it’s fair to argue that Uber’s self-driving efforts never recovered after that trial.
digitalPhonix 2 hours ago||
Pretty sure it was the crash (same story with Cruise for that matter)
consp 6 hours ago|||
Cause and effect can be delayed.
compiler-guy 4 hours ago|||
They will just settle if a settlement gets them what they want for less than fighting this to legal completion would cost them (on a risk-adjusted basis).
runako 2 hours ago|||
People are forgetting that the kind of conduct alleged is also likely illegal.

In the not-so-distant past, Uber's head of self-driving was indicted and sentenced to jail time for similar conduct. The criminal case didn't start until ~2.5 years after the civil case was filed.

hmmm3 8 hours ago||
https://archive.ph/zoUde
1vuio0pswjnm7 1 hour ago|
Alternative to archive.ph

Text-only, no Javascript

(Seeking Alpha)

   curl https://assets.msn.com/content/view/v2/Detail/en-in/AA2880s6 \
   |sed '
    s/.*\"body\":\"/<meta charset=utf-8>/;
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    s/&source=more_on//g;
   ' \
   |tr -d '\134' > 1.htm
   firefox ./1.htm
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