Wait so if I was making a bomb but you couldn't prove I wanted to blow someone up or had some motive (e.g. I'm just a chemistry enthusiast, plenty of those YouTube channels around) so it just becomes an "accident"?
So as long as there's no motive behind it then it's just OK?
I think it’s more along the lines of PEPCON. They didn’t try to make a bomb. Their plant exploded and caused two fatalities and $100 MM in damages.
I don’t think OpenAI or any large company will see more than some fines and new legislation but only after a disaster.
I think their point is not that "it's OK", but that "that particular law isn't written to cover it and it'd be some other kind of crime or lawsuit."
That's a bad faith metaphor. A better one would be something like a new battery that exploded and killed someone - perhaps it was always your intention, perhaps not.
Funnily enough the US already has one similar real argument around guns - should gun manufacturers be liable for damages caused by their product?