Exceptions exist, that's why we have courts, to figure it out.

You can't put up a sign on a rollercoaster that says it's going to kill customers if they ride and then get away scot-free when someone dies. Though it took a court to say that, I'm sure.

Same thing here. openai is saying things, and then a court is going to have to decide if that's acceptable.

There is a big difference between someone being killed and a chat bot that says some mean or inaccurate things.

Anything a LLM generates should be verified if it is going to be used in a high stakes decision. Not knowing how LLMs work won't be a good defence. Can't blame ugly handwriting on the pen.