NAL. For fraud and abuse you need to have intent. There was very likely no intent on the side of OpenAI. They could sue for negligence I guess? I don't know how that works with AI agents
One thing that works for that angle is that they didn't notify any of the parties involved afterwards. And there are reports that they are forbidden to talk about it. That seems a bit bad to me?
But they can also say that the tech is so new that there is no known guardrails yet
