Dogs having agency actually makes the argument stronger.
Assume dogs have agency. Despite this, it's still the dog owner's responsibility to prevent their dogs from engaging in some actions: biting, peeing and shitting in unapproved areas, violating noise disturbance laws, etc.
The owners responsibility is not contingent on the dog's agency. Likewise, human operators of LLMs maintain responsibility independent of LLMs agency status. It's a red herring.
Assume dogs have agency. Despite this, it's still the dog owner's responsibility to prevent their dogs from engaging in some actions: biting, peeing and shitting in unapproved areas, violating noise disturbance laws, etc.
The owners responsibility is not contingent on the dog's agency. Likewise, human operators of LLMs maintain responsibility independent of LLMs agency status. It's a red herring.