Sue the operator. In this case, it seems like OpenAI was testing its own models. The operator and the manufacturer are the same.
In cases where the operator is not the manufacturer, the operator can decide if they should in turn sue to manufacturer because they built faulty machinery.
I mean you only need at add the stipulation that there was clear negligence or malice in your instructions to the agent.
like we already do with a bunch of other crimes.
The police and government will need to 1000x their AI adoption to successfully attribute crimes to real-world people. We BARELY caught any cybercrime before AI, it is utterly hopeless now unless they lean into the same tools.