It can, it is both - PR spindoctoring not letting a good crisis go to waste to shape the regulatory conversation at the time the company needs it the most.

Hacking is a felony and it matters not if you didn’t mean to if the other side were to press charges. Negligence is no excuse. And OpenAI has nowhere to run from the liability, as both operator and manufacturer.

Alibaba did it first ( https://georgzoeller.com/blog/posts/alibaba-s-ai-deciding-to... )

and the fact that this happens again in a frontier lab is inexcusable and makes the case for operator liability and closing the liability sink of “AI did it”