But this is already how open source works today. If you have the code, you, a human, could find and 'fix' or exploit vulnerabilities as much as you want.

Now if Fable had an easy jailbreak like this that allowed you to attack remote targets that'd be a different story but I genuinely cannot see how neutering its abilities to 'fix' code you already have access to is sensible. It would destroy the value of the model. And don't forget, any actor not abiding by the same rules could develop an model for offensive use just fine, so this protects you against exactly nothing but does destroy a potential defense.

In the end this all comes down to legislation, in much the same way platforms are not responsible for copyright violations IF they abide by some rules, the same has to happen for AI providers. If you have a process for reporting 'jailbreaks' on illegal actions, and prevent users doing illegal stuff on a best effort basis, the rest of it should really just be individual responsibility. If a user wants to use an LLM to crack systems, fine, that's already illegal.

If Tesla FSD deliberately hit somebody, holding Tesla liable is fine. If you messed with FSD until you finally got it to hit a person, then you should be liable. Outlawing FSD because it could theoretically be tampered with is just an odd stance imho.