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OpenAI accuses Musk's xAI of systematic evidence destruction in antitrust case

Maximilian Schreiner
Maximilian Schreiner View the LinkedIn Profile of Maximilian Schreiner
Feb 4, 2026
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OpenAI accuses Elon Musk's AI company xAI of "systematic and intentional destruction" of evidence in an ongoing court case.

In a court filing Monday, OpenAI claims xAI directed its employees to use "ephemeral messaging tools" — messaging services that auto-delete communications after a certain time period. According to OpenAI, communications about every aspect of xAI's business were routed through these tools, even though the company knew it was planning to sue and was under a legal duty to preserve documents.

"Destroying evidence was the whole point," OpenAI stated in the court filing, according to Bloomberg. This "leaves OpenAI and the other targets of Musk's litigation at an inequitable disadvantage."

Lawsuit against OpenAI and Apple

The background: xAI and Musk's social media platform X filed an antitrust lawsuit against OpenAI and Apple in August 2025. The lawsuit argues that Apple's decision to integrate ChatGPT into its mobile operating system iOS stymies competition for other chatbots — including Musk's own AI assistant Grok. The plaintiffs are seeking billions of dollars in damages. OpenAI and Apple have denied the allegations in filings, but a judge in Fort Worth, Texas, ruled in November 2025 that the case could proceed.

OpenAI has accused Musk of "waging a campaign of lawfare" against the company. This is due in part to the longstanding feud between Musk and OpenAI CEO Sam Altman. Both co-founded OpenAI in 2015. Musk left the startup's board in 2018.

In Monday's filing, lawyers for OpenAI said they have sought documents from xAI related to the company's claims. xAI had argued it faced barriers to entering the generative AI market as a result of an agreement between OpenAI and Apple. However, Musk's company has "not produced a single nonpublic document concerning the substance of their allegations or that OpenAI could use in its defense," according to OpenAI. "Plaintiffs have produced no emails, no text messages, no Signal messages, and no XChat messages of any kind."

OpenAI is now seeking a court order requiring employees of X and xAI to cease using disappearing messaging tools. They also want the court to appoint a "neutral forensic inspector" to review the matter and determine the appropriate recourse.

Meanwhile, Musk's SpaceX has announced its acquisition of xAI.

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