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How does that apply to open-weight models?

Why wouldn’t this same concept apply to whoever is serving it up? Open-weight models are still being served up by infra providers and neoclouds, right? They should be in the hot seat. Not sure? Don’t provide the model. Need assurance? A certified evaluation like the previous comments have mentioned can help. Hosting and running it yourself? You’re in the hot seat.

So is there no liability for, say, a company that releases a known dangerous open-weight model, but fails to disclose that it is dangerous? How about a company that distributes malware under the guise of legitimate software?

Perhaps don't deploy random weights of unknown origin?

Also not every model provider might be capable of babysitting all your uncontrolled agent deployments. If you want SLOs, get into a contractual relationship with entities whose weights you deploy, and also monitor your agents so they don't go off the rails.

All this is just like deploying any other tech in the world eg. if you buy a car, or a chainsaw, or a book.

So no, then, to both questions?

How is this currently handled today with any other type of software? Why would we treat LLMs any different?

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