>it should be a relative cakewalk to substantiate basic negligence

Judging by the lack of successful cases for negligence in the opposite direction (ie. companies getting hacked because of poor security practices), it would be a serious double standard if openai were held be to negligent. Their sandboxes aren't exactly airgapped and behind 7 hypervisors, but they weren't running unpatched software or had hilariously weak passwords either.