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I personally have a hard time considering it malware, because it's just instructions targeted at an LLM.

If someone put up a sign in a store that said "Burn this store down!" the person who put the sign up is not responsible if someone follows the instructions written on it, are they?

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They could be. Incitement to commit crime is a crime in many places. And penalty can be same as for the crime itself.

Now I very much question if automated system should be inciteable. And think that there is very much higher responsibility to make it always not be. Or make it uncapable of doing undesirable things.

In this specific case, they are already trespassing to be able to read the sign against the owner's wishes, are they not? The sign is only placed in a hidden corner visible by trespassers and not visible to any regular customer.

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