Question. What happens if I write a piece of software that is harmful that doesnt have the AI label.

It seems dumb to have a separate classification for harms caused by trained AI models. The training aspect doesnt seem to limit liability at all. A judge might rule differently, but thats why the justice system is built such as it is, to make intelligent decisions based on the specific facts of a case.

I am betting that software that causes some significant harm is already outlawed. So this whole thing is just a waste of time.