I don't say this to absolve OpenAI, who do deserve to be punished and regulated, but I think you do not know the difference between an agent and a tool. If agentic AI is merely a tool so are human workers.

You can't create new law by calling a piece of software "agent". Each country's laws have definitions of legal entities and when one can legally act as an agent of an entity, and every agent is first a legal entity themselves. The software is a tool operated by a legal entity, and it is the legal entity who committed the crimes, not the tool.

... no, human workers are people.

In their capacity as workers, they are also agents, capable of completing tasks autonomously.

But AI agents are "merely a tool" and human workers are not, because they are people.