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by campbel 761 days ago
IANAL, but I think the mistake they made was constantly referencing the movie 'Her' when talking about Sky.
2 comments

Regardless of the exactly voice spectrum, the plot would apply with any flirty female voice. It was not a movie about Scarlett Johansson. It was a movie about AI eliciting a relationship.

For the “her” reference(s?), was there anything beyond the single tweet?

> It was not a movie about Scarlett Johansson. It was a movie about AI

With Johansson voicing the AI. And now they're marketing their AI sounding like Johansson, referencing the movie that had Johansson voicing the AI.

Yeah, no similarities at all there.

> they're marketing their AI sounding like Johansson

This is subjective. I, personally, don't hear it, at all: https://news.ycombinator.com/item?id=40435695

100%. This whole thing is more stupidity than anything else. There is nothing wrong with using a voice that sounds like her. There is everything wrong with referencing the movie and sort of implying it is the voice from the movie. They could have easily let others make the connection. So dumb.
Why is it wrong to explicitly mimic a part played in a movie? Are we saying that the actor owns their portrayal of the role?

OpenAI should’ve owned their actions. "Yes, we wanted to get a voice that sounded like the one from Her." There’s nothing wrong with that.

> OpenAI should’ve owned their actions. "Yes, we wanted to get a voice that sounded like the one from Her." There’s nothing wrong with that.

https://en.wikipedia.org/wiki/Midler_v._Ford_Motor_Co.

Not an IP lawyer, but I think the company that produced the movie owns the relevant IP, and Johansson might also own IP around it.

You can have an opinion on it, but they are going to get sued. Just like I can't take Moana and throw her in an ad where it says "I like [insert cereal here]", they can't take a character and use it without expecting Disney/whoever to come sue them.

Actors get a lot of rights to their likeness.

So, yes maybe?

Hmm. Being able to say "thou shalt not make a character similar to Her" is a lot like saying "thou shalt not make a video game character similar to any other." It’s not an explicit copy, and their name for Sky was different. That’s the bar for the videogame industry; why should it be different for actors? Especially one that didn’t show her face.

This whole thing is reminiscent of Valve threatening to sue S2 for allegedly making a similar character. Unsurprisingly, the threats went nowhere.

You've really contorted the facts here. This isn't a character, it's a voice.

The voice sounds remarkably like Scarlett Johansson's.

It’s the other way around. The contortionists are on the other side of the issue. We’re talking about OpenAI hiring someone to use their natural speaking voice. As movies say, any similarity to existing people is completely coincidental from a legal perspective.

From a moral perspective, I can’t believe that people are trying to argue that someone’s voice should be protected under law. But that’s a personal opinion.