X and xAI Lose Source Code Demand

In a decision signed by U.S. Magistrate Judge Hal R. Ray Jr., the court denied X and xAI's request to compel OpenAI to produce its source code during discovery in their antitrust suit against Apple and OpenAI. The judge found OpenAI's code neither relevant to the antitrust claims nor proportional under Federal Rule 26, and criticized plaintiffs' broad discovery tactics and over 135 docket entries. The ruling requires plaintiffs to seek less intrusive technical evidence while preserving OpenAI's proprietary confidentiality.
Key Points
- 1Denied production of OpenAI's source code as irrelevant and disproportionate under Federal Rule 26
- 2Judge cited excessive, broad discovery requests and failure to seek less intrusive evidence first
- 3Requires plaintiffs to develop alternative technical evidence; preserves OpenAI's proprietary code confidentiality
Scoring Rationale
Official federal magistrate ruling in a high-profile AI antitrust dispute, but limited to discovery scope and procedural posture.
Sources
Public references used for this report.
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