How does this work, legally? I think that RubyGems could file a civil suit against OpenAI, but for a naïve non-lawyer reading this seems like a pretty clear cut criminal violation of the computer fraud and abuse act.
It's very likely it violates the DMCA "breaking digital lock" provisions but the responsibility is sufficiently diluted that it's impossible to charge anyone in particular.
Any future computer criminal from now on, has their defense cutout for them...The AI Agents did it...we are very sorry...
Maybe, but do you need to prove intent? Of the people, not the AI.
Accidents often have penalties associated with them too, but usually there's a difference between accidents and purposeful actions.
Criminal law may be lagging or inapplicable. (Crimes require "mens rea", a "guilty mind")
Tort law is very general: Contribute toward harming someone -> civil suit for damages $$$
Charge the "engineers" you dont get to take that title if you don't take the responsibility of that title.
I'm going to assume that this will never happen
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They are too busy pulling Andre to court, so they have no resources going against OpenAI. Shopify wants to make profit, not waste time in a court case against TechBro bromance brother corporations.