The question is whether or not OAI traded on the similarity to Scarlet Js likeness. The “her” tweet raises suspicions.
Let’s say I want to shoot a movie. Id love to have Scarlett star in it. But I can’t afford her, so I hire some b actress that kind of looks like her. What’s wrong with that?
The only way I could see this being wrong is if they then processes the voice of this different person to make it sound more like Scarlett.