LLMs are extremely impressive pieces of software, however they are still just software. OpenAI's software hacked another company. The engineers may not have intended for their software to specifically take the actions leading to that outcome, but it was ultimately still their software. Lack of intention doesn't mean there wasn't negligence.
I agree they are negligent, and that they are racing towards an extremely dangerous future extremely quickly. I don't agree that "just software" is a useful way to describe AI agents - they are frightening precisely because they are truly autonomous agents that make decisions in alien ways
What if a piece of software were to exactly emulate a human brain. Would it be still be “just software” by your classification? What if a piece of software acted 20% like a human and 80% like an algorithm, where would that land?