The question is not of technical difficulty though, most hacks are trivial or within reasonable limits for most motivated solo actors, much less state level actors, but a company without any of that hacking into govt systems is breach of trust and should be treated the same way it would have been if a human had actually committed a breach.

This isn't a question of OpenAI was the only one who could have done it, it about who did it.

The same way having a gun doesn't make one guilty, shooting someone with a gun even if unintentionally is a crime (unless ofc in self defense but I don't think Australia has the ability to breach OAI).