Well it's illegal to "hack" my phone and turn it into part of a botnet.

What you're saying is that we would hold a gun owner responsible if someone broke into their house, stole their sidearm, and then shot a victim with it. Pretty sure we would not.

What OpenAi is doing is more like shooting a gun into the sky. Not only is that a felony on its own in most jurisdictions, if someone dies that's an additional felony. It's less serious than first degree murder, sure.