A distinction without a difference.

If you're asleep at the wheel, you're legally responsible for the car crash, but the car itself was the thing which by crashing caused injuries.

If you deliberately relinquished control of your computer to OpenClaw, you're (I hope) legally responsible for whatever it does, but that doesn't stop it bankrupting you or deleting all your emails or whatever it was you connected it to.

DNA printers exist and are a thing. In 2010 we could all tell ourselves that no sane person would ever let some future AGI "out of the box" and onto the internet. Today, with the benefit of hindsight, do you seriously expect nobody to connect an LLM to a DNA printer, despite this being a terrible idea, given all the other things they've connected LLMs to despite it being a terrible idea?

Which is going out of control. Something not under control is out of control. If I jump out of a moving car, I deliberately relinquished control of it. It's still out of control. What a silly semantic game.