Since they withdrew the voice this will end, but if OpenAI hadn't backed off and ScarJo sued, there would be discovery, and we'd find out what her instructions were. If those instructions were "try to sound like the AI in the film Her", that would be enough for ScarJo to win.
I know that the Post article claims otherwise. I'm skeptical.
There were some claims by some people when the issue first arose that they had specifically done a deepfake clone of SJ’s voice; probably because of the combination of apparent trading on the similarity and the nature of OpenAI’s business. That’s not the case as far as the mechanism by which the voice was produced.
Your opinion may vary, but they don't sound alike to me: >>40435695
Clearly a lot of people (including her "closest friends") find the ChatGPT demo to have been very similar to SJ/"her", which isn't to deny that the reporter was fed some (performance-wise) flat snippets from the voice actor's audition tape that sounded like flat sections of the ChatGPT demo. It'd be interesting to hear an in-depth comparison from a vocal expert, but it seems we're unlikey to get that.