Uh, no. Negligence wouldn't arise in a murder trial - at least, a British trial, which is the paradigm I approach from - but that would be involved in the various inevitable lawsuits Argas would be tied up in - under British law, they're vicariously liable for all the shit Kayaba pulled while employed by them.
Manslaughter may be an easier sell than murder, though most likely a prosecutor would prefer to go after Kayaba because it'd be easier to finger him, as opposed to youths who chant, "We thought it was just a game!"
That said depending how the judge directs the jury, and how the prosecution makes the case and the defence plays things out... In a jury trial, anything could happen. Contract tends to be a bit more clear cut, which wasrobably why I liked contract a lot more.
Also, Jack Thompson would have had a field day with this poaching-murder-sex simulator game.
