Typically yes but given that OpenAI has published enormous official blog posts breaking down their crime, I would think the prosecutor's job is pretty easy.

It’s then up to a judge to decide whether thats evidence and whether it’s incriminating.

I assume OAI published those details after checking with their legal department. So there’s a good chance that there isn’t a chance for prosecution.

Plus they probably published that after knowing that the nvidia/HF deal was happening.

So instead this “security incident” should have been spun as OAI is honestly admitting its faults and AI is dangerous and therefore open weight models (hosted ironically by HF) should be banned. That spin didn’t really happen …