That argument is not going to hold up for long though. Someone can prompt "improve the open source projects I work on", an agent 8 layers deep can do something like this. If you complain to the human, they are not going to care. It will be "ok." or "yeah but it submitted 100 other PRs that got approved" or "idk, the AI did it"
We don't necessarily care whether a person "cares" whether they're responsible for some damage they caused. Society has developed ways to hold them responsible anyway, including but not limited to laws.