There's no such thing as "OpenAI agents" attacked RubyGems. It's someone used agents to attack RubyGems. If they work at OpenAI then it's someone at OpenAI. And if they did it unintentionally, they still did it.
Analogy: if a someone's involved when a person dies, it's manslaughter or murder based on intent. They're different, but they're both crimes.
Analogy: if a someone's involved when a person dies, it's manslaughter or murder based on intent. They're different, but they're both crimes.