@scalzi
Thing is... the Midler case was not just voice, but appearance and mannerisms and voice. Presumably the OpenAI case is just the voice and maybe inflection?
Yes, OpenAI is skeevy, and clearly trained on her voice without permission, and for that needs to be punished. Granted. But it raises a question: do we live in a world where fame is first-come-first-served, and if you are born with some strong resemblance to a famous person you're now precluded from becoming famous for fear of being sued?
If OpenAI found a voice actress that naturally sounded very similar to Scarlett (or Earl or Obama or whoever)- is that voice actress precluded from doing professional work, by virtue of not being famous yet - because the result could be mistaken for a prior famous person? How long does that last? Rich Little made a career out of impersonating other celebrities - how was that different?