German law for malicious computer use is fairly loosely defined, and massively favours the harmed party over the one causing harm.

I don’t think it’d be a slam-dunk by any means, but a reasonably competent legal team should be able to establish a case around malicious data interference at the least. There’s certainly enough merit to the idea that OpenAI would be better off settling it as a civil matter early.

This kind of incredulity in the AI era hilariously reminds me of the naivete of the late 90s. All of us edgy teenagers would be like "an MP3 is like just a long number, man! You can't own numbers!" Of course we were morons. In just the same way as the "oh they were just editing a wiki" defense is moronic.

The law isn't code. Human intent matters. Also when the really big number is a copyrighted song. Also when AI agents are set in motion to edit wikis or break in to websites.

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