The situation as provided is missing too many details for anyone to make a meaningful judgement call, but remember, more than one party can be found liable/guilty (maybe of different things) in a situation. Overall, the law usually protects people who are acting reasonably, but does not protect people who act negligently.

I'm not a lawyer, but I imagine there's not a lot of precedent or law around this, so it'll be up to the court to decide on the finer details until we do have meaningful laws/regs. Anthropic will probably have better lawyers than the user.

This is why it's important to get ahead of issues like this, and anthropic should not be involved in discussions around regulating itself...