* OpenAI wanted an AI voice that sounds like SJ
* SJ declined
* OpenAI got an AI voice that sounds like SJ anyway
I guess they want us to believe this happened without shenanigans, but it's bit hard to.
The headline of the article is a little funny, because records can't really show they weren't looking for an SJ sound-alike. They can just show that those records didn't mention it. The key decision-makers could simply have agreed to keep that fact close-to-the-vest -- they may have well understood that knocking off a high-profile actress was legally perilous.
Also, I think we can readily assume OpenAI understood that one of their potential voices sounded a lot like SJ. Since they were pursuing her they must have had a pretty good idea of what they were going after, especially considering the likely price tag. So even if an SJ voice wasn't the original goal, it clearly became an important goal to them. They surely listened to demos for many voice actors, auditioned a number of them, and may even have recorded many of them, but somehow they selected one for release who seemed to sound a lot like SJ.
Altman appears to be an habitual liar. Note his recent claim not to be aware of the non-disparagement and claw-back terms he had departing employees agree to. Are we supposed to believe that the company lawyer or head of HR did this without consulting (or more likely being instructed by) the co-founder and CEO?!
Unless & until some 3rd other shoe drops, what we know now strongly --- overwhelmingly, really --- suggests that there was simply no story here. But we are all biased towards there being an interesting story behind everything, especially when it ratifies our casting of good guys and bad guys.
I don’t believe the burden would be to prove that the voice actor was impersonating, but that she was misappropriating. Walking down the street sounding like Bette Midler isn’t a problem but covering her song with an approximation of her voice is.
You are dead right that the order of operations recently uncovered precludes misappropriation. But it’s an interesting situation otherwise, hypothetically, to wonder if using SJ’s voice to “cover” her performance as the AI in the movie would be misappropriation.
I don't think that follows. It's entirely possible that OpenAI wanted to get ScarJo, but believed that simply wasn't possible so went with a second choice. Later they decided they might as well try anyway.
This scenario does not seem implausible in the least.
Remember, Sam Altman has stated that "Her" is his favorite movie. It's inconceivable that he never considered marketing his very similar product using the film's IP.
1. OpenAI wants to make a voice assistant. 2. They hire the voice actor. 3. Someone at OpenAI wonders why they would make a voice assistant that doesn’t sound like the boss’s favorite movie. 4. They reach out to SJ who tells them to pound sand.
Accordingly, there is no misappropriation because there is no use.
But you need to understand that it does sound like ScarJo to a lot of people. Maybe 50% of the people who hear it.
Those kinds of coincidences are the things that make you lose in court.