I’m not aware of any definition of “spin” where being conventional is a defense against that accusation. Actually, that was the (imagined) value-add of the show, that conventional corporate and political messaging is heavily spun.
Simply denying the allegations isn't really spinning anything; it's just denying the allegations. And The thing I dislike about characterizing something like this as spin is that it defangs the term by removing all those connotations and instead turning it into just a buzzwordy way of saying, "I disagree with what this person said."
It seems to me that the discussion of whether or not it is spin has turned into a discussion of which party people basically agree with.
My personal opinion is that OpenAI will probably win, or at least get away with a pretty minor fine or something like that. However, the communications coming from both parties in the case should be assumed to be corporate spin until proven otherwise. And, calling an unfinished case baseless is, at least, a bit presumptuous!
2) I don’t understand the distinction being made between voluntary or involuntary, in the sense that a corporation is a thing made up of by people, it doesn’t have a will in-and-of-itself, so the communications it sends must always actually be made by somebody inside the corporation (whether a lawyer, marketing person, or in the unlikely event that somebody lets them out, an engineer).
Including lies.
I'd like to aim a little higher, maybe towards expecting correspondence with reality?
IOW, yes, there is no law that OpenAi can't try to spin this. But it's still a shitty, non-factually-based choice to make.