Yes, also in general in a legal dispute you can make it very clear at the start what you would accept to resolve the matter. So if you end up going to court or otherwise running up large legal fees, at the end of the process you can point to the earlier communication and say 'We would have settled this matter quickly and cheaply at the start, for the same or less than what we have got now. Therefore Google should have to cover our fees.'
That's only a problem with one of the arguments, and is exactly why there are two approaches. Some errors are hard to detect by reading or working on the code, but easier to detect from behavior. Some are the other way around.
In this case, I do not agree that this could have gone unnoticed for a long time, even only looking at the behavior of the running system. When multiplied by the number of installations and how much filesystems are used, it is run a lot. It's also the kind of thing people investigate when it happens in certain settings - we lost a block and our whole filesystem was corrupted. And the kind of thing people test for.
'Without digging deeper' isn't really what matters here. A better question would be 'after some very cursory further digging, are we worried?' The first thing I ask myself when I see something that looks as wrong as this does is "Is it possible for this piece of code to be completely broken, and for no one to have noticed yet?"
This is really a question about two processes - the one where people look at, read, edit and discuss the code, and the extent to which this is discoverable by them. And the one where people run the code and expect certain things to work and would notice if they didn't work, or didn't work correctly.
This fails both of those checks. This file has been edited 8 times in the last year, by 5 different people. It's not so long that several of them wouldn't have read through the whole thing. This bug, if it was a bug, is unlikely to have persisted for 6 years without being noticed. It's not obfuscated or deeply technical in any way.
Secondly, this is code which is fairly critical to millions of systems. Ext4s is in literally hundreds of millions of devices. It's used in data centers in contexts where people are likely to follow up on any unusual behavior by their filesystem. The code in question is likely to be very well exercised in tests. It's likely to be extremely well exercised by people doing research stress testing/comparison testing of filesystem code. It is undoubtedly very well exercised by real-world deployments.
The bar to assume that you know something the person who wrote the code didn't, as opposed to the other way around, should be very high here. Even taking all the benefit of the doubt (which you should always do, never assume that stuff 'probably works' without evidence) it's not hard to dismiss this.