I don’t disagree with your 1st point but for your 2nd in an earlier twitch Jörg definitely said they can’t just use any liveries and were negotiating. Simply put the wealth of Microsoft makes them a prime target for litigation and thus so far this has not been tested, not in the sim and not in regards to the marketplace . By example of the one you won’t name it would appear to not have been really tested beyond a cease and desist elsewhere.
I stand corrected, the A318 has liveries although I have no idea if the devs got permission.