So why is OpenAI not charged with Cybercrimes. You would be if you did the same.
That's a WILD angle for them to argue. Lotta energy being expended for a lack of intent. Lotta money spent…
Unfortunately, gross negligence -- which you could argue to be the case here -- is often not enough, unless you could show that it has caused real harm.
From my perspective, it is only a matter of time before it is: and that's why there is need for better legislation covering what AI models do.