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The trick is scale. I suspect if an individual of reasonable means uses agents to commit crime, they will be hels accountable. A heavily capitalized startup? Not unless someone in government decides to do their competition a favor.

Exactly.

If you want to test military missiles, you do it in the f'ing desert, not from New Jersey.

You want to run ai without guardrails, do it in an airgapped system or be held accountable.

Why do you think the stock prices are so high?

the 'arrest the parents!!!' has moved to the online domain, rightfully

Are you liable for crimes commited with the use of the software you've written?

There are many examples of people being charged with crimes as a result of writing software, [0][1] are two. OpenAI is a bit different because they have enough political influence, and money, to openly subvert justice.

0: https://en.wikipedia.org/wiki/Marcus_Hutchins

1: https://en.wikipedia.org/wiki/Tornado_Cash

If you run said software, yes.

If somebody else runs the software, then they are.