Neither are guns. Which is why we punish the person shooting the gun and not the gun.
Industrial equipment, which is how i would classify LLMs, hurting people is nothing new. The relevant questions are:
- did someone intend it to happen?
- was someone negligent in taking reasonable steps to prevent something foreseeable?
The justice system doesn't punish people for legitimate accidents. e.g. if you are shooting at a shooting range, take all reasonable precautions, but someone was hiding behind the target, you are probably not guilty even if you shoot the guy.
As far as openAI goes, the logic is the same. The question is, was it intentional, was it unintentional but reasonable precautions weren't taken or was it truly an accident?