Calling it rouge implies it has a will, which of course it does not. Loose coupling to an outcome is not evidence of sentience. Its just exhausting marketing
Legally this is the same as having a dog that bites someone. You hold the owner/guardian responsible, in this case it's either the subscriber or Anthropic. You don't start making arguments about how nonsensical it is to fine a dog or put it in jail.
Oh sure I agree the tool is the extension of the user. I would never blame the dog ;)