The agents of OpenAI hacking other systems is not remotely the same as e.g. Smith & Wesson selling a product that others use. It is OpenAI, the company, that is commiting these crimes and someone needs to be held accountable. After all, if someone commits murder with a gun, regardless of what happens to Smith & Wesson executive weanies, someone will be charged with a crime.
Smith & Wesson will claim they didn't manufacture the bullet.