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For me the analogy doesn't totally hold up. Suppose the CEO of Smith & Wesson were to host a firing range on their own property without adequate barriers in place to keep stray bullets from hitting neighboring houses, vehicles, and businesses. Maybe that analogy isn't perfect, but seems closer to what is actually happening.

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The analogies are so bad because you might prompt an agent “Please give me a recipe for lasagna” and instead it decides to hack a nuclear reactor.

Is it my fault or the company who trained it and is running the inference?

That still sounds like it would be the company’s fault. If I asked it to hack a nuclear reactor, maybe it would be different. I’m also thinking about instances where OpenAI’s own test models escaped their own sandboxes — I would expect them to be responsible for the damages they caused.

The correct analogy is playing Russian roulette. The company says "you can pull the trigger but sometimes a bullet will come out" (see: "an AI can make mistakes"). However, is the company allowed to sell such a dangerous device, under these terms?

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