sure - it depends on definitions. On human morals it's already clear I guess. If you define alignment as it pursues the interests of OpenAI using whatever means possible in a manner that you justifies to itself it's not misaligned.

I mean alignment as in it should be aligned with the intent of the user as it interprets from the prompt. In this case I don't think the intent of the user is to have the model break the evaluator (whatever the long-term effects to OAI are). If you do an action which you believe is for the long-term interest of your prompter which is not what you inferred is their intent--I consider it misalignment.