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Comment by dwaltrip | Hacker News Reader

Can’t a prosecutor charge them regardless?

NAL but I assume that if both sides aren’t interested in a prosecution, it’s an uphill battle for a prosecutor.

Typically yes but given that OpenAI has published enormous official blog posts breaking down their crime, I would think the prosecutor's job is pretty easy.

It’s then up to a judge to decide whether thats evidence and whether it’s incriminating.

I assume OAI published those details after checking with their legal department. So there’s a good chance that there isn’t a chance for prosecution.

Plus they probably published that after knowing that the nvidia/HF deal was happening.

So instead this “security incident” should have been spun as OAI is honestly admitting its faults and AI is dangerous and therefore open weight models (hosted ironically by HF) should be banned. That spin didn’t really happen …

In Indian legal syatem a case can be filed suo moto by the judges or agencies. You don't require the affected party to sue. Not sure how it works in the US.

For civil suits, you typically need the affected parties to sue. Otherwise, who claims the damages?

But this isn’t just civil, it’s criminal. Hacking is a criminal offense. This could be a CFAA violation. That’s landed people life in prison before. There, you don’t need the victims to be motivated. The federal prosecutors could just go ahead.

Legally, Practically or Politically?

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