Ferrari fixed the wing as best they could as soon as they could, and when they found that wasn't enough, they called Fernando in to fix it properly. You can't wave the black-and-orange flag (the usual action for ignoring a mechanical issue that must be fixed) if the car you're trying to flag keeps going through the pit lane in attempts to get a repair instead of the start-finish straight (you can only get a black-and-orange flag at the start-finish straight because it's a race control call rather than an individual marshall call).
There is no sensible reason why anyone would make a DRS default with the flap sticking up in the clean airflow like that. It meant the downforce was low and the drag was very high - slowest possible combination. The spirit of the DRS-defaulting-closed rule is safety; no driver wants to go into a hard-braking corner with a nearby wall and suddenly discover they don't have enough downforce to make it round. A deliberate attempt to subvert the closure rule would have the DRS be stuck in the standard "open" position rather than the "more open than open" one - it would feature low downforce but at least the drag would also be low.
Had Ferrari ignored a black-and-orange flag, then there'd be cause to call for a disqualification. It does not apply here because Ferrari didn't give Race Control time to get the flag out in the first place.
In your sensible and practical answer you seem to have glossed over the wording of the reg which pertains purely to design. Surely if the DRS is able to default to the open position, without accidental intervention - such as colliding with another car, the design is called into question don't you think?
The design broke, and it appears it took out whatever was ensuring the default was something that made sense (be that correctly-closed or rules-breaking-logical-open) in the first place. At that point the regulation problem ceases to be a DRS design infraction and becomes a generic "part broken in dangerous fashion".
I'd like to think that a deliberate open-default DRS would have been caught before now, but we
are discussing the FIA here...