Intent on whose part, though? Like, supposing in arguendo that the company's goal was to make the voice sound indistinguishable from SJ's in Her, but they wanted to maintain plausible deniability, so instead cast as wide a net as possible during auditions, happened upon an actor who they thought already sounded indistinguishable from SJ without special instruction, and cast that person solely for that reason. That seems as morally dubious to me as achieving the same deliberate outcome by instruction to the performer.

> happened upon an actor who they thought already sounded indistinguishable from SJ without special instruction, and cast that person solely for that reason

so who was doing the selecting, and were they instructed to perform their selection this way? If there was a law suit, discovery would reveal emails or any communique that would be evidence of this.

If, for some reason, there is _zero_ evidence that this was chosen as a criteria, then it's pretty hard pressed to prove the intent.