Elon Musk's xAI sues Apple and OpenAI over AI competition, App Store rankings

Elon Musk, Chief Executive Officer of SpaceX and Tesla and owner of X looks on during the Milken Conference 2024 Global Conference Sessions at The Beverly Hilton in Beverly Hills, California, U.S., May 6, 2024. REUTERS/David Swanson/File Photo

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Billionaire entrepreneur Elon Musk’s artificial
intelligence startup xAI sued Apple and ChatGPT maker OpenAI in U.S.
federal court in Texas on Monday, accusing them of illegally conspiring to
thwart competition for artificial
intelligence.
Apple and OpenAI have "locked up markets to maintain
their monopolies and prevent innovators like X and xAI from competing,"
the lawsuit said.
Apple in partnership with OpenAI has integrated ChatGPT into
its operating system for iPhones, iPads, and Macs.
"If not for its exclusive deal with OpenAI, Apple would
have no reason to refrain from more prominently featuring the X app and the
Grok app in its App Store," the lawsuit said.
In the lawsuit, xAI said it is seeking billions of dollars
in alleged damages.
“This latest filing is consistent with Mr. Musk’s ongoing
pattern of harassment," an OpenAI spokesperson said in a statement.
Musk later on Monday, in a post on his social media platform
X, echoed the allegations in the lawsuit, writing, "A million reviews with
4.9 average for @Grok and still Apple refuses to mention Grok on any
lists."
Musk had threatened
to sue Cupertino, California-based Apple earlier this month, writing
on X that Apple's behavior "makes it impossible for any AI company besides
OpenAI to reach #1 in the App Store.”
OpenAI's ChatGPT became the
fastest-growing consumer application in history in the months following its
launch in late 2022.
Musk's xAI acquired X
in March for $33 billion to enhance its chatbot training capabilities. Musk has
also integrated the Grok chatbot into vehicles made by his electric automobile
company Tesla.
xAI was launched less than two years ago and competes with
Microsoft-backed OpenAI as well as with Chinese startup DeepSeek.
Antitrust legal experts who are not involved in the lawsuit
said Apple’s dominant position in the smartphone market could bolster xAI's
claims that the company is illegally tying its iPhone sales with OpenAI’s
ChatGPT.
But they said Apple could counter that partnering with
OpenAI was a business decision in a competitive environment, and that it has no
obligation to help its rivals gain market share.
Apple may also argue there are security or operational
reasons to integrate AI into its operating system, said Herbert Hovenkamp, who
teaches at the University of Pennsylvania’s law school.
More broadly, the lawsuit could give courts in the United
States their first opportunity to assess whether there is a defined market for
AI and what it encompasses, a threshold issue in antitrust litigation.
“It’s a canary in the coal mine in terms of how courts will
treat AI, and treat antitrust and AI,” said Christine Bartholomew, a professor
at the University at Buffalo School of Law.
Musk is separately suing OpenAI and its CEO Sam Altman in
federal court in California to stop its conversion from a nonprofit to a
for-profit business. Musk
cofounded OpenAI with Altman in 2015 as a nonprofit.
Apple’s App Store practices have been the focus of multiple
lawsuits. In one ongoing
case by “Fortnite” video game maker Epic Games, a judge ordered Apple
to allow greater competition for app payment options.
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