alt Hacker NewsFair, in that no analogy is going to be very good given that this really is something new in the world.
Consider anti-money-laundering rules. BoA just paid more than a billion dollars, not for money laundering, not for telling others to launder money, but because they should have tried harder to stop others from laundering money. Intent is not everything, knowing that your system _could_ be abused and not doing enough about it is enough, and that seems to fit OpenAI rather well.
That goes back to my main point about how laws around computers are quite lax so prosecuting openai is tricky. Whereas the CFAA uses terms like "intentional" and "knowingly", AML laws use terms like "willfully violating"[1]. If you read through the BoA case, what they did is far more egregious than just "not trying hard enough to prevent money laundering". They were previously cited for poor compliance, disregarded previous orders, and delayed filing required reports.
[1] https://www.law.cornell.edu/uscode/text/31/5321