If you're arguing that they should be put on trial for negligence, that's fine. It does seem we're moving towards open source being outlawed, or at least the end of "no liability" clauses in open source & freeware. Just make sure that is the result you're advocating for.
[For the future record: at the time I am posting the link below on 24 September, it has 1 point, no comments, and the poster has a karma of 1. This is not an active HN user, or a ShowHN project that had traction, beyond seemingly OpenAI's swarm.]
If the developer behind ShotAPI had started letting the ShotAPI code take shots at the Austrlian government then yes, ShotAPI (or rather, the people behind it) would be responsible.
Blaming ShotAPI would be like blaming OpenAI for what its users are doing. That's not what's happening here. And if ShotAPI did knowingly let its users somehow hack the Australian government, then maybe they should be investigated.
>would be like blaming OpenAI for what its users are doing
Yes, this is how lawsuits work in the real world, you cast a wide net and compel discovery from all parties involved.