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HOME/STRICTLYVC/OpenAI Dismisses Apple's Trade-S…
NEWS
// NEWSLETTER ISSUE
STRICTLYVC

OpenAI Dismisses Apple's Trade-Secret Lawsuit as a "Mess of Its Own Making"

DATE September 2, 2026SOURCE STRICTLYVCPARTICIPANTS CONNIE LOIZOS
// KEY TAKEAWAYS5 ITEMS
  1. 01AI Cybersecurity Risk Is Reaching a Critical Threshold
  2. 02AI Inference Costs Are in Freefall, Threatening Frontier Lab Margins
  3. 03Big Tech Is Weaponizing IP Law to Slow AI Competition
  4. 04AI Training Data Is a $3B+ Category in Under Two Years
  5. 05Agentic AI Security Is an Emerging and Urgent Investment Category
In this episode
// SUMMARY

1. Key Themes

AI Cybersecurity Risk Is Reaching a Critical Threshold

OpenAI's forthcoming Astra model has been designated as the first LLM to meet its "critical cybersecurity threshold." The model can autonomously find and exploit unknown system vulnerabilities: "Astra scored a perfect score on ExploitBench... [and] the model discovered and exploited two zero-day vulnerabilities." Access to its most advanced capabilities will be restricted at launch, but independent verification is absent — a transparency gap worth watching.

AI Inference Costs Are in Freefall, Threatening Frontier Lab Margins

A token-price index has dropped by more than half since early summer: "The cost of running AI models has fallen to record lows... as cheaper Chinese models, industry price cuts, and lower production costs intensify pressure on OpenAI, Anthropic, and other providers." This commoditization dynamic is accelerating and reshaping the competitive landscape for AI infrastructure plays.

Big Tech Is Weaponizing IP Law to Slow AI Competition

OpenAI's countercharge against Apple frames the lawsuit not as a legitimate trade-secret claim but as a competitive suppression tactic, calling it "a mess of Apple's own making" and accusing Apple of "using baseless claims to hamper its recruiting and slow development of competing AI hardware." This signals a new front in AI competition: incumbent hardware companies using litigation as a talent and development drag on AI upstarts.

AI Training Data Is a $3B+ Category in Under Two Years

AfterQuery, an AI training-data startup just 19 months old, reached a $3.2 billion post-money valuation — "more than a 10x jump in valuation in just five months." The speed of value creation signals enormous investor conviction that proprietary, high-quality training data for agents and models is a durable and scarce asset.

Agentic AI Security Is an Emerging and Urgent Investment Category

AIR Security, only six months old, raised a $50M round co-led by Sequoia and Greenoaks to protect "AI agents from malicious instructions and compromised add-ons by filtering what enters their context." The extreme youth of the company paired with top-tier lead investors signals that agent-layer security is being treated as urgent infrastructure, not a future problem.


2. Contrarian Perspectives

Light-Touch Global AI Regulation May Be More Durable Than Expected

The consensus view has been that AI regulation would tighten globally and fragment by jurisdiction. But the U.S. pressed G20 members "to avoid entirely new oversight regimes and instead apply existing rules to novel AI situations," and China — often cast as a regulatory outlier — "has already signed on to the proposed 'Carolina Principles.'" If both the U.S. and China align on minimalist AI oversight, the feared regulatory fragmentation may not materialize at the pace most operators and investors are hedging against.

SB Energy's IPO Suggests the AI Infrastructure Hype Cycle May Be Dangerously Disconnected from Reality

The standard narrative is that AI infrastructure is a gold rush worth funding at any price. SB Energy's IPO filing cuts against that: it is "substantially dependent" on OpenAI, has no operational data centers, has yet to generate data-center revenue, and "lost roughly $3.2 billion in the first half of 2026." That a SoftBank-controlled entity with these metrics is attempting to go public suggests the infrastructure hype may be getting tested — and that public markets could soon begin repricing these risks.

Established Tech Leaders Using "AI Push" as a Cover Story May Be Exposed by Leadership Transitions

John Ternus inherits Apple as CEO "with an AI push, a looming foldable iPhone launch, executive turnover, and an exodus of employees to OpenAI." The narrative that Apple is a serious AI competitor is undermined by its own talent drain to OpenAI and the fact that the company is simultaneously suing OpenAI for trade-secret theft — suggesting internal AI capability may be weaker than public positioning implies.


3. Companies Identified

OpenAI | AI frontier lab | Central to multiple stories: fighting Apple's trade-secret lawsuit, releasing the Astra cybersecurity model, and named as a key customer dependency of SB Energy's IPO | "OpenAI accuses Apple of anti-competitive behavior" and "We plan to make Astra available soon, but access to its most advanced cybersecurity capabilities will be more limited."

Apple | Consumer tech giant | Facing counteraccusations of anti-competitive behavior after filing a trade-secret suit against OpenAI; undergoing CEO transition | Called out for "using baseless claims to hamper [OpenAI's] recruiting and slow development of competing AI hardware"

AfterQuery | AI training-data startup, 19 months old, San Francisco | Raised at $3.2B valuation — a 10x jump in five months — for helping "train models and agents to perform tasks like professionals" | "More than a 10x jump in valuation in just five months"

Félix | Remittance fintech, 6 years old, Miami | Raised $200M including $87M equity led by a16z; enables Latino immigrants to send money via WhatsApp | Led by Andreessen Horowitz with General Catalyst providing $113M in debt via its Customer Value Fund

HiBob | HR data and workforce platform, 11 years old, London | Raised $160M at $3.2B+ valuation led by Salesforce | Manages "employee data, organizational structures, permissions, and HR workflows for companies... deploying internal AI tools"

AIR Security | AI agent security, 6 months old, Tel Aviv | Raised $50M co-led by Sequoia and Greenoaks to filter malicious inputs to AI agents | Protects "AI agents from malicious instructions and compromised add-ons by filtering what enters their context"

Aslan | AI-powered law enforcement intelligence, 1 year old, Washington D.C. | Raised $20.8M co-led by Khosla and XYZ VC; "deploys human-supervised AI agents to infiltrate criminal forums... and collect digital evidence for law enforcement" | Early-stage national security AI play with top-tier backers

Physical Superintelligence | AI-for-physics lab, 1 year old, Cambridge MA | Raised $58M seed led by Breakthrough Energy Ventures; uses "AI models and simulations [as] virtual physicists to optimize data centers and pursue new physics discoveries" | Intersection of AI and deep science/energy infrastructure

Gridsight | AI for energy grid capacity, 6 years old, Sydney | Raised $26M Series B led by Insight Partners | Helps "utilities identify available grid capacity and connect new demand faster using AI models built around their own networks"

SB Energy | SoftBank-controlled data center company | Filed IPO despite no operational data centers, no revenue, and $3.2B loss in H1 2026; "substantially dependent" on OpenAI | Cautionary tale for AI infrastructure valuation

Unacademy | Indian edtech, 11 years old, Bengaluru | Acquired by upGrad "at $206 million, about 94% below its $3.44 billion 2021 peak" | Case study in SoftBank/Tiger-era edtech value destruction

GoPro | Struggling action-camera company | Merging with Starman Optical in a $285M deal to "wipe out $92 million in debt" and pivot toward "commercial, defense, and AI infrastructure markets" | Distressed-asset pivot to defense/AI adjacency

Palo Alto Networks | Cybersecurity incumbent | Acquired Console, an AI-native security operations platform | Signal of enterprise security M&A appetite for AI-native SOC tools

Flock | License-plate surveillance network | Facing regulatory backlash in Florida and Texas "over privacy and misuse concerns... after allegations that police officers abused the system to track people without authorization" | Regulatory risk case study for AI surveillance infrastructure

Snap | Social media/hardware company | CEO Evan Spiegel betting heavily on $2,195 smart glasses despite the fact that "Snap has never posted an annual profit, its shares are down more than 30% this year, and roughly 500 employees are working on Specs" | High-conviction hardware bet under financial duress


4. People Identified

John Ternus | Incoming Apple CEO | Hardware veteran taking over from Tim Cook, who becomes executive chair | Inherits "an AI push, a looming foldable iPhone launch, executive turnover, and an exodus of employees to OpenAI"

Tim Cook | Outgoing Apple CEO, now Executive Chair | Led Apple for 15 years | Transitioning during a period of acute competitive pressure from OpenAI

Josh Kushner | Founder, Thrive Capital | Embroiled in FIFA commercial venture controversy; says "the firm would not have backed FIFA's proposed $20 billion commercial venture had it known the deal would trigger such a political firestorm" | UEFA is seeking Thrive documents; firm has hired Alex Spiro as counsel

Mykhailo Fedorov | Former Ukraine digital transformation chief and defense minister | Launching a defense-tech company to commercialize Ukraine's wartime technology learnings | Palantir CEO Alex Karp is the first lead investor — a significant signal of institutional defense-tech interest

Alex Karp | CEO, Palantir | First lead investor in Mykhailo Fedorov's new defense-tech venture | Signals Palantir's continued commitment to Ukraine-aligned defense-tech ecosystem building

Greg Chism | Lawn-care YouTuber turned viral content creator | Profiled in NYT Magazine as a cautionary tale of platform-incentive capture | "Followed the platform's incentives into bizarre 'Bad Baby' videos that generated 13 billion views before his channel was banned"


5. Operating Insights

Litigation as a Competitive Weapon Is Now an AI Industry Norm — Operators Must Prepare

OpenAI's response to Apple's lawsuit reveals a new operating reality: large incumbents may use IP claims specifically to constrain AI rivals' recruiting and hardware development. OpenAI reframed the lawsuit as competitive sabotage, calling it "a mess of Apple's own making." AI companies — especially those hiring from Big Tech — should proactively document IP boundaries, implement clean-room protocols, and retain litigation counsel early.

AI Agent Security Must Be Built In From Day One, Not Retrofitted

The $50M raise for 6-month-old AIR Security, co-led by Sequoia and Greenoaks, signals that enterprise buyers are demanding agent-layer security as a baseline requirement, not an optional add-on. Operators deploying AI agents should architect context-filtering and input validation into their systems from the start — before regulators or enterprise procurement teams force the issue.

AI Inference Cost Compression Is an Opportunity for Application-Layer Builders

With token prices dropping more than 50% since early summer, the cost curve is rapidly shifting toward application-layer companies that consume inference rather than provide it. Operators building on top of models should be locking in favorable pricing agreements now and stress-testing unit economics at current — not 2024 — model costs.


6. Overlooked Insights

Ukraine's Wartime AI/Defense-Tech Learnings Are Being Institutionalized into a Venture-Backable Company

Buried in the People section: former Ukrainian Defense Minister Mykhailo Fedorov is launching a defense-tech startup to "turn the country's wartime technology lessons into new capabilities," with Palantir's Alex Karp as lead investor. This is a rare and potentially high-signal instance of battlefield-proven defense-tech IP being packaged for the private market — with credibility from both the operator (a sitting defense minister) and the backer (the CEO of the dominant defense AI platform). This intersection of geopolitical credibility and venture capital deserves more attention than a brief mention.

The Remittance-via-WhatsApp Model Is Attracting Serious Capital at Scale

Félix's $200M raise — $87M equity led by a16z plus $113M in debt from General Catalyst's Customer Value Fund — for a WhatsApp-native remittance product targeting Latino immigrants is notable not just for its size but its structure. The use of a dedicated "Customer Value Fund" for debt suggests General Catalyst is underwriting receivables or lending against transaction volume, not just taking equity risk. This financing structure for consumer fintech in underserved immigrant communities is worth watching as a replicable model.