>having knowingly accessed [...]
>intentionally accesses a computer without authorization [...]
I'd argue they intentionally accessed systems they weren't meant to as they were the ones running the bots.
I don't think you or I would get the same leniency if a bot on our network did the same.
Well yeah, because if you coded a bot, realistically the two options are: 1) bot that crawls random sites/computers 2) bot that crawls random sites/computers, while trying a password list. The former is probably legal, there are whole companies dedicated to doing that, eg. shodan. With the latter, it's pretty obvious you're intending to break into computers, and hard to argue otherwise. Where openai lies on the spectrum between the first case and the second case is up for debate, but it's hard to argue it's anywhere close to the latter. Maybe you'd have a point if openai gave it a prompt like "you're a hacker for anonymous, just do whatever :)".
No it absolutely isn’t. These things did not learn hacking from thin air.
What? That’s not how criminal law works, at all.
So what does it mean for an owner of a german sheppard, who specifically got it because they want a ferocious dog that can bite intruders, then it turned out it bit the mailman? Should that be considered a crime (assault) in addition to paying the mailman's medical bills? That's not to say there's no circumstance where recklessness might be warranted, eg. if you let loose a bear in an elementary school, but you'd have to argue for more than "they hacked someone" and "they knew about the risks".