I think it's worth pointing out it is exactly OpenAI doing this defacement and unsanctioned and perhaps illegal system use. Every token generated was powered by OpenAI infrastructure and their failure to respond appropriately is entirely down the the humans running it. The news stories (not this write up) get all hand-wavey and anthropomorphic about it regarding the Agents' efforts, but it was and is OpenAI cranking…
So by all means sue them, but we can't just be reactive. We need regulation that prevents this type of thing from happening in the first place, not just regulations to help sue afterwards.