- OpenAI approached Scarlett last fall, and she refused.
- Two days before the GPT-4o launch, they contacted her agent and asked that she reconsider. (Two days! This means they already had everything they needed to ship the product with Scarlett’s cloned voice.)
- Not receiving a response, OpenAI demos the product anyway, with Sam tweeting “her” in reference to Scarlett’s film.
- When Scarlett’s counsel asked for an explanation of how the “Sky” voice was created, OpenAI yanked the voice from their product line.
Perhaps Sam’s next tweet should read “red-handed”.
They clearly thought it was close enough that they asked for permission, twice. And got two no’s. Going forward with it at that point was super fucked up.
It’s very bad to not ask permission when you should. It’s far worse to ask for permission and then ignore the response.
Totally ethically bankrupt.
But it kind of looks like they released it knowing they couldn't defend it in court which must seem pretty bonkers to investors.
They likely have a legal position which is defensible.
They're much more worried that they don't have a PR position which is defensible.
What's the point of winning the (legal) battle if you lose the war (of public opinion)?
Given the rest of their product is built on apathy to copyright, they're actively being sued by creators, and the general public is sympathetic to GenAI taking human jobs...
... this isn't a great moment for OpenAI to initiate a long legal battle, against a female movie actress / celebrity, in which they're arguing how her likeness isn't actually controlled by her.
Talk about optics!
(And I'd expect they quietly care much more about their continued ability to push creative output through their copyright launderer, than get into a battle over likeness)
Buckle in, go to court, and double-down on the fact that the public's opinion of actors is pretty damn fickle at the best of times - particularly if what you released was in fact based on someone you signed a valid contract with who just sounds similar.
Of course, this is all dependent on actually having a complete defense of course - you absolutely would not want to find Scarlett Johannsen voice samples in file folders associated with the Sky model if it went to court.
People who hate Hollywood? Most of that crowd hates tech even more.
* Because it would take the first news cycle to be branded as that
Which is what this would be in the not-stupid version of events: they hired a voice actress for the rights to create the voice, she was paid, and then is basically told by the courts "actually you're unhireable because you sound too much like an already rich and famous person".
The issue of course is that OpenAIs reactions so far don't seem to indicate that they're actually confident they can prove this or that this is the case. Coz if this is actually the case, they're going about handling this in the dumbest possible way.
You realise that there are multiple employees including the CEO publicly drawing direct comparisons to the movie Her after having tried and failed twice to hire the actress who starred in the movie? There is no non idiotic reading of this.
That's what I'm discussing.
Edit: which is to say, I think Sam Altman may have been a god damn idiot about this, but it's also wild anyone thought that ScarJo or anyone in Hollywood would agree - AI is currently the hot button issue there and you'd find yourself the much more local target of their ire.
Who is the underdog in this situation? In your comment it seems like you're framing OpenAI as the underdog (or perceived underdog) which is just bonkers.
Hacker News isn't a hivemind and there are those of us who work in GenAI who are firmly on the side of the creatives and gasp even rights holders.