The OpenAI swarm used someone's open source ShowHN project [1] to "hack" the Australian government. It seems that was not that developer's intent, and they're getting a heavy lesson today in why services don't have free tiers with friction free signup, and require credit cards upfront or ID documents.
If you're arguing that they should be put on trial for negligence, that's fine. It does seem we're moving towards open source being outlawed, or at least the end of "no liability" clauses in open source & freeware. Just make sure that is the result you're advocating for.
[For the future record: at the time I am posting the link below on 24 September, it has 1 point, no comments, and the poster has a karma of 1. This is not an active HN user, or a ShowHN project that had traction, beyond seemingly OpenAI's swarm.]