It's not ignorance of the law. It's ignorance of the risk. You have a reasonable expectation of being unable to predict the future. It's only when you "should have known" that you may incur a liability for disregarding a risk.

are you arguing AI manufacturers and developers are not aware of possible risks?

I believe they're arguing AI manufacturers and developers are the people primarily aware of the risks, and not random users necessarily.

If OpenAI staff runs an ExploitBench knowing the risks, and it hacks into HF, they KNEW the risk going into it and a bad/illegal outcome happened

If a random teacher opens ChatGPT and asks "Hey what's the answer to this practice SAT problem?", and it hacks the CollegeBoard for the answer, said teacher probably wasn't aware that was even an outcome that could plausibly occur. OpenAI would have that foreknowledge, though

No I specifically said those people should be aware.

It's your random OpenClaw users who have no idea what they are doing, and might be insulated.