This isn't even "an openai customer tried to hack someone", which can be defended. This is the AI companies themselves fucking around.
A better analogy may have been the troubles Meta has faced around child protections on their platforms. Technically the abuse and problems have stemmed from individuals too, but they've in many respects enabled the situation by failing to moderate or flag warning signs. OpenAI is failing to moderate the models in similar ways.
If new weapons still operating inside any of these companies spew a million bullets on my house, they are still liable. Humans are setting these system up and they still have to behave responsibly.