I believe this is the key question. There is no logic which would support such a condition. AB should just fix it. They are going to get sued anyway, everybody does when something like this this happens. So just fix it.
AB should fix what is broke, no argument, but the last thing you want to dick arround with is a software change just because some lawyer or armchair investigator thinks it's broke.
However if you would like to add a one word qualifier
if in front of your statement above then I'm open to listen.