Drunk individuals are not universally allowed to cry they were negligent due to impairment when charged (rarely) with first degree murder. There is a line between intent and negligence that puts acts over the line to intent if intentional acts led to a harmful incident.
I doubt it is difficult to prove intent on the part of various frontier labs to create a PR campaign to goad the government into defending their non-existent moat around their products. Squeeze one disgruntled employee or another.