then slipping malware into a repository wouldn't violate this law either, which we both know isn't true

their intent is clear: to destroy information on another person's computer, when that person expects that not to happen (it's a testing library, not a nuclear weapon)

Based on the wording of the law, I think the relevant transmission is when the damage-causing command goes to the LLM. Who causes that transmission? I would say it's the person who wrote software to generate the command.