Comment by godelski
5 hours ago
Let's take a hypothetical example:
Suppose you're a firework company and your fireworks blow up, burning down the entire town. Could the company be sued? What is considered reasonable safety measures?
IANAL, but I'm pretty confident there would be a lawsuit. Who gets charged might differ, depending if it is the firework factory that didn't take adequate safety precautions or a chemical supplier or someone else. If there wasn't an ability to sue that would be fucking crazy and we should all get up in arms about it. And isn't insurance supposed to be there to help mitigate the damages, regardless of fault?
Personally, given how it seems OAI's agents have been getting through either pretty obvious places (e.g. /etc/hosts) or that there wasn't close monitoring of the most obvious places (e.g. DNS, artifactory), I'd imagine it wouldn't be hard to find them negligent. Even if a single employee is to blame then are they not to blame for not monitoring the agents regardless? Unless the story is that the employee intentionally circumvented defenses (why?) then it seems it would be on OAI. But again, IANAL, I'm just someone who think if we can't sue we can sure riot until we can
There's a difference between being able to be successfully sued (civil liability, petitioned by a private entity) and charged (criminal liability, or petitioned by a government entity).
The thresholds for suing and charging differ greatly depending on the circumstances.
Another set of hypothetical examples that make things muddier:
- If I drive a fishing boat into a pier, I am liable, not the manufacturer of the boat
- If I drive a car over someone lying in the road, I am liable, not the manufacturer of the car
- If my life is in danger and I shoot a gun and kill my attacker, neither I nor the manufacturer are liable so long as I obeyed the relevant self defense laws and gun possession of whatever jurisdiction I am in
- If I fire a gun into a crowd indiscriminately, I am liable and several jurisdictions have used that to also hold gun manufacturer liable as well
That last example has been less successful as of late, but there are other variations too.