Re: Logic
You'd have to actively disable things to get into this state, namely defender. Sure defender is garb, it wasn't I don't think ever supposed to be that great but I'm sure defender will set the key (edit: Microsoft do explicitly list it on their spreadsheet). Defender will only disable itself, and will always disable itself if you're running other AV.
If you've specifically decided to go naked as it were, it's kinda your own fault and you should be paying attention to things like this. As for lawsuits, you're the one making the positive step not Microsoft, there's no liability here.