But in this case the author of the project didn't execute the injection code... it's more analagous in some ways to pulling in a project with an example file containing a bunch of useful SQL stuff and then an example of an injection at the bottom, and just (in this case the agent) copy/pasting the whole thing in without reviewing it.

If we're slicing on technicalities, there's a lot of ways to decide. "PROSECUTE THEM!" seems like an extremely hostile one when the website and readme and release notes said "don't do this" already. The agent ignored those things? Is that the author's fault?

This is like saying I can slip malware into a project and so long as the user is the one who executed the code I'm free and clear.. which we both know isn't true.