What have been the consequences? It's a crime in either case, and it doesn't seem anything is being done about it. Just more lobbying for regulations to prevent new people from entering the game.

I feel like Fable was another example of exactly this. They knew they didn't have anything groundbreaking, but they definitely benefited from being able to finally say not only is our model dangerous, but it's so dangerous, the President yoinked it! I think OpenAI was probably jealous of this coverage.

The explanation for "how was it determined to be accidental" is "because the alternative is admitting to a crime through deliberate negligence". I.E. "we knew it could happen but we wanted to see it through for the lolz"

It is not "of course it's an accident, they wouldn't willingly let their bot commit a crime and then lie and claim it's an accident!!!"

Here’s some evidence that OpenAI is actively engaged in fraud.

But I’m sure they wouldn’t commit any other crimes. Pretty sure, at least.