It feels like you’re moving the goalposts here. If the question is, “Who should be liable for AI agents misbehaving,” I agree, it should be the end user that tasked the agent (in this case OpenAI). People are held liable for preventable accidents all the time, and in the case of employment law, torts can be brought against principals for actions an agent conducted on the principal’s behalf.
What your previous comment appeared to assert was that these systems had no independent agency to make decisions, which I think is clearly disproven by actual events. But perhaps I misread you
