I'm not fond of analogies, but in this case I agree.
There is a clear difference between OpenAI intending to hack something vs. OpenAI being negligent in the creation/instructions of the agent. But the latter still leaves OpenAI liable for the agent's actions and calling it a "rogue agent" doesn't avoid that.
Moreover, with a dog, we don't rely on training/alignment to prevent bad outcomes. We rely on physical restraints like leashes and muzzles. The AI's tools to access the outside world should have been restricted. Perhaps instead of giving the AI arbitrary HTTP access, it should be given semantic operations with restricted URLs, etc.