I don’t think OpenAI has a chance to win this in open court.
They are very likely to settle out of court. Investors get a bit anxious with pending litigation.
But I honestly hope Johansson does not. She certainly has the runway to take it all the way. Make them look like fools in open court. Show the people their real colors.
Copying by hiring a sound-alike/impersonator is an implementation detail. They knew full well that they were trying to copy her voice. Then they asked. And they got a no. And then they did it anyway.
I don't see how the implementation details matter at all.
The VA has not been identified, but I bet that she has a showreel in which you can hear at least ten different natural voices that are not at all like SJ's performance in 'her'. A sad read for the local undertaker. A maniacal shouty ad for the monster truck rally. A motherly read for baby formula. Some fun accents. A dramatic read.
I think the optics of this aren't great. You ask someone to copy their voice, they say no and then (maybe coincidentally) you release a voice designed to sound very similar. Legally this may well be fine but come on, didn't anyone think this might make them look bad?
Sure, but to me it looks bad from the other perspective too if this is made into a problem. A person's natural voice is their voice and some celebrity should NOT be able to dictate how it is used.
They are very likely to settle out of court. Investors get a bit anxious with pending litigation.
But I honestly hope Johansson does not. She certainly has the runway to take it all the way. Make them look like fools in open court. Show the people their real colors.