Nobody is saying there shouldn’t be any liability anywhere. The issue being argued is whether the liability should be strict or not, whether it should depend on some person having been at least negligent. I think that looking for the negligent human before imposing liability is good, in part because it solves exactly the conundrum you are pointing at. Is it OpenAI or OpenAI’s customer who should be held liable? A legal rule that always imposes liability on one of them seems wrong, since negligence by either could cause damage. The legal rule we have, which I think is correct, is that the one who was negligent is liable. And which one that is will depend on the specific facts that led to the harm.
Nobody is saying there shouldn’t be any liability anywhere. The issue being argued is whether the liability should be strict or not, whether it should depend on some person having been at least negligent. I think that looking for the negligent human before imposing liability is good, in part because it solves exactly the conundrum you are pointing at. Is it OpenAI or OpenAI’s customer who should be held liable? A legal rule that always imposes liability on one of them seems wrong, since negligence by either could cause damage. The legal rule we have, which I think is correct, is that the one who was negligent is liable. And which one that is will depend on the specific facts that led to the harm.