I guess it would be one of argued/debated thing in court, if someone brought it (they should).

But, whether it is intentional or not, the org that made that model must pay for the damage they did and what is based on law, like unauthorized intrusion attempt or whatever.

Pre-starting era of hackers received that treatment (even though from there, EFF created and hackers are now have better place), IF LLMs got away, this world is fucking corrupt as we know it.