OpenAI discovered it in August.
They don't know what their systems are doing, even when there's a team assigned to get it to do something?
WTF was the team doing at the time? Press enter on prompt, go to movies until result?
Their level of hands-off 'because it's AI' is one of the things that needs legislation around it. Human handlers. Extra cost. Wear it or shut down as an unviable enterprise.
At the least OAI should cop similar penalties, before getting into damages.