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.