One might make an argument that the operators should have known of LLM agents' tendencies to perform completely illogical and even destructive actions and therefore should have been watching them more closely. A valid point with which I totally agree with. I'm just saying it would not be classified as theft as there was no intent to do so, but merely as malfunctioned software.

If I remember correctly OpenAI suspended the testing/training in September after discovering the incidents, so they might be in the clear for now.