Seems you think there is a silent “…and there is nothing they can do about it” after “OpenAI has rogue agents”?
If your kid steals your car, punish them and try to prevent it from happening again. If your kid steals your car a half-dozen times, crashing through a storefront each time, and you still leave the keys out, the story changes. At that point, negligence becomes complicity.
In other words, I have a gun that shoots bullets. It's up to me to use it responsibly and legally.