That's a very broad definition of impersonation, one that does not match the legal definition, and one that would would be incredibly worrying for voice actors whose natural voice happens to fall within a radius of a celebrity's natural voice ("their choice to cast you was unconsciously affected by similarity to a celebrity, therefore [...]")
Otherwise your argument lets off not just this scandal but an entire conceptual category of clever sleazy moves that are done "after the fact". It's not the the Kafka trap you're making it out to be.
At most the obviousness should the burden of discovery on them, and if they have no records or witnesses that would demonstrate the intent, then they should be in the clear.
> I would start to collect a LOT of paperwork documenting that the casting selection was done without a hint of bias towards a celebrity's impression.
IMO having records that explicitly mention SJ or Her in any way would be suspicious.
IANAL
I think optics-wise the best move at the moment is quelling the speculation that they resorted to a deepfake or impersonator of SJ after being denied by SJ herself. The article works towards this by attesting that it's a real person, speaking in her natural voice, without instruction to imitate SJ, from a casting call not mentioning specifics, casted months prior to contacting SJ. Most PR effort should probably be in giving this as much of a reach as possible among those that saw the original story.
Would those doing the casting have the foresight to predict, not just that this situation would emerge, but that there would be a group considering it impersonation for there to be any "hint of bias" towards voices naturally resembling a celebrity in selection between applicants? Moreover, would they consider it important to appeal to this group by altering the process to eliminate that possible bias and providing extensive documentation to prove they have done so, or would they instead see the group as either a small fringe or likely to just take issue to something else regardless?
Yes, this should all have been obvious to those people. It would require a pretty high degree of obliviousness for it to not be obvious that this could all blow up in exactly this way.
I don't think it blew up by way of people believing simply that those doing the casting could have a hint of a subconscious bias towards voices that sound like celebrities. To me that seems like trying to find anything to still take theoretical issue in, and would've just been about something else had they made the casting selection provably unbiased and thoroughly documented.
It seems way more likely to be a calculated risk than a failure of imagination. And this is where the "ethics" thing comes into play. They were probably right about the risk calculation! Even with this blow-up, this is not going to bring the company down, it will blow over and they'll be fine. And if it hadn't blown up, or if they had gotten her on board at any point, it would have been a very nice boon.
So while (in my view) it definitely wasn't the right thing to do from a "we're living in a society here people!" perspective, it probably wasn't even a mistake, from a "businesses take calculated risks" perspective.
I think it's deceptively easy to overestimate how likely it is for someone to have had some specific thought/consideration when constructing that thought retroactively, and this still isn't really a specific enough thought to have caused them to have set up the casting process in such a way to eliminate (and prove that they have eliminated) possible subconscious tendency towards selecting voice actors with voices more similar to celebrities.
But, more critically, I believe the anger was based on the idea that it may be an intentional SJ soundalike hired due to being turned down by SJ, or possibly even a deepfake. Focusing on refuting that seems to me the best PR move even when full knowledge of what happened is available, and that's what they're doing.
If you are an adult living and working in the US in the 2020s, and you are working on a product that is an AI assistant with a human voice, you are either very aware of the connection to the movie Her, or are disconnected from society to an incredible degree. I would buy this if it were a single nerd working on a passion project, but not from an entire company filled with all different kinds of people.
The answer is based on "they wanted a voice that sounds like the one in Her, but the person whose voice that is told them no, but then they did it anyway". The exact sequence of events isn't as important to the anger as you seem to think, though it may be more important to the legal process.
I would go further and say that chain of reasoning is not just uncertain to have occurred, but would probably be flawed if it did - in that I don't think it would noticeably sway that group. Opposed to the evidence in the article, or some forms of other possible possible evidence, which I think can sway people.
> The exact sequence of events isn't as important to the anger as you seem to think, though it may be more important to the legal process.
Less the order of events, and more "seeking out an impersonator and asking them to do an imitation" vs "possibility of unconscious bias when selecting among auditions"
And it is not unusual at all for there to be things that everyone knows should not be written down, but either discussed only in person, or left implicit. There is usually a few slip ups though, which would come out in discovery.
> "possibility of unconscious bias when selecting among auditions"
I think "conscious but not stated to the actress" is the more likely explanation, that is not inconsistent with this reporting.
For what it's worth, if this does go to court (which I doubt), and there is discovery and depositions, and they don't find any documentation, or get any statements suggesting that this was indeed understood to be the goal, then I would be a lot more convinced.
But I think it's a giant stretch to have the base case be that nobody thought of this and they were all shocked, shocked! that people made this connection after they released it.
I'd be more convinced, at least of the fact that it would have even been a good call, if I saw outrage sparked by the possibility of unconscious bias, opposed to what can or has been addressed by other forms of evidence. Claims along the lines of "I'd totally have thought [...]" made in retrospect are entirely unconvincing, particuarly in cases where the suggested thought is not sufficient.
That's what I've been taking issue to from the beginning of this chain[0]. In all but one comment since then I've explicitly specified "[un|sub]conscious bias".
On that topic, would you agree with me that it is not "obvious" that they would predict a group would take issue in this very particular way such that it would necessitate setting up and documenting auditions to prove they have eliminated such bias, and then additionally determine it worthwhile to actually do so?
