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Depends on what you consider trivial. TraceWoodgrains pointed to Midler v Ford in California, and it's foundational for Californian law, but the punchline is that Ford got off scot free, and the ad agency in question was hit for 400k USD. But that's because Midler was an issue of first impression at the time, limiting evidence of 'evil motive'; contrast the later Waits v Frito where Frito-Lay and its advertising company got tapped for a combined $2m USD over an ad that "broadcast in September and October 1988 on over 250 radio stations located in 61 markets nationwide" (though the advertising company had verbally offered to indeminfy Frito-Lay before running the ad). Contrast in turn White v. Samsung, where a literal robot acting as but clearly not Vanna White, which rhymes with today's problem, and ended up at
400k USD over a fiery dissent.It's not business-ending, at least for a business OpenAI's size -- even adjusted for inflation and for how much Californian juries hate tech companies, I'd expect closer to 1m than 100m. But for all the philosophical problems with an expansive right of publicity, it's not toothless.
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