Elon Musk’s xAI has lost its bid for a preliminary injunction that would have temporarily blocked California from enforcing a law that requires AI firms to publicly share information about their training data.
xAI had tried to argue that California’s Assembly Bill 2013 (AB 2013) forced AI firms to disclose carefully guarded trade secrets.
The law requires AI developers whose models are accessible in the state to clearly explain which dataset sources were used to train models, when the data was collected, if the collection is ongoing, and whether the datasets include any data protected by copyrights, trademarks, or patents. Disclosures would also clarify whether companies licensed or purchased training data and whether the training data included any personal information. It would also help consumers assess how much synthetic data was used to train the model, which could serve as a measure of quality.
However, this information is precisely what makes xAI valuable, with its intensive data sourcing supposedly setting it apart from its biggest rivals, xAI argued. Allowing enforcement could be “economically devastating” to xAI, Musk’s company argued, effectively reducing “the value of xAI’s trade secrets to zero,” xAI’s complaint said. Further, xAI insisted, these disclosures “cannot possibly be helpful to consumers” while supposedly posing a real risk of gutting the entire AI industry.
Specifically, xAI argued that its dataset sources, dataset sizes, and cleaning methods were all trade secrets.
“If competitors could see the sources of all of xAI’s datasets or even the size of its datasets, competitors could evaluate both what data xAI has and how much they lack,” xAI argued. In one hypothetical, xAI speculated that “if OpenAI (another leading AI company) were to discover that xAI was using an important dataset to train its models that OpenAI was not, OpenAI would almost certainly acquire that dataset to train its own model, and vice versa.”