The hackers of the past often did it for curiosity without a profit motive. OpenAI is a for profit multi billion dollar corporation doing this for a profit motive so yes they should face consequences.
These incidents are not unexpected in the way OpenAI frames it either. Isn't it curious my agents are not wrecking havoc around the internet? It's because the harness I am using prevents them doing so and because I don't train and instruct them to do so.
OpenAI is using a set of non-constrained models, (unlike what the public gets) and a set of harnesses with extremely wide permissions running inside extremely leaky sandboxes using models trained on finding and executing exploits. This is not an accident. Certainly not by this point.
Nobody is talking about jailing OpenAI employees at this stage, usually corporations of this sort are fined. If they were fined for these 'misalignment' incidents, suddenly their sandboxes and generally lax approach would improve overnight.
Otherwise they'll continue doing this because they know Cyberdyne Systems didn't have a shortage of investors.