It’s not different from any other tool. If you use a dangerous tool recklessly, you should be liable for the damages. That means holding OpenAI liable for HuggingFace hack because they ran the tests, and the same goes if someone did something similar with GLM.
Of course in cases of negligence a tool maker could also be held partially liable. That’s a matter courts can decide. The main point is we shouldn’t jump to making special laws around the development of LLMs. The starting place should be enforcement of existing liability laws. New laws take time and will be heavily influenced by AI companies seeking a regulatory moat for their business. Moreover, it is a distraction from the illicit behavior that is already going unchecked.
How would that work out if these were self-hosted open weight models?