The fact that something had undesirable outcome doesn't automatically make it negligence or attack.
Shotguns and strings and concept of booby trapping were well understood before the rules were established. We are only scraping the surface of what AI is and what it can be capable of. Besides, booby traps are more than negligent, at least in some countries.
If you are seeking analogy, radioactivity might be a better one. The rules about handling radioactive materials in the first few decades after its discovery were lax when compared to modern ones and things now considered criminally negligent weren't back then.
Maybe in 2050 soemthing what OpenAI did would be considered negligent, but it might have been for the reasons you might not expect.
For example it might be mandatory to test new containment dedicated for further tests you should first spend at least 10 million dollars of compute for AI to try to break out of it. Or it might be illegal to use closed source software as any part of containment. Rules that we end up with might be compeltely different from what we imagine them today.
Acusing openai of attack or of criminal negligence at this point is like accusing Skłodowska-Curie that your wine didin't come out great because her exepriments killed some yeast.
Perhaps you should ask a lawyer from the country that the precise laws of interest you. I'm not one.
I know only that there are no laws about AI containment yet and AIs are not guns. You could as well refer to what consists of negligence when it comes to backyard pools.
I'm also not really interested in discussing particular laws of US because China will overtake it in few years and they have a better chance of directing international AI laws. So whatever US comes up with will remain local and increasingly irrelevant.
I don't care about saving my face. I'm an idiot and an ignorant and I don't care. Stop projecting your lack of acceptance of your own limitations on me. Or don't.