I personally wouldn't call it a design flaw as much as it was a limitation of the engine. You have commonly called things design flaws in the past which were ignorance. Whereas I don't think the solution at current accurately describes some sort of fantasy game which there is no way to describe it would or wouldn't happen logically, but I would hardly call it a "design flaw".

Just the concept that they changed the engine so that the game wouldn't crash when such a stalemate happens means they have thought about it, and this is the solution they have used.

I'm sure you'd get much more of a positive of a reaction from the Dev's if you didn't try to point out everything as a flaw instead of a limitation.