Because as with many things, it's a matter of perspective. For Kay, this code works as intended. So if you want him to change it, don't open a bug, discuss it on the mailing list. This does not seem like a completely unreasonable request on Kay's part. Note also that Kay does not get personal in this response. Compare and contrast with Linus then calling Kay a "fking primadonna". Now, whether you agree with Kay or not, do you really think that Linus's approach is going to get him what he wants?

Again, I have the greatest respect for Linus's achievements, but I personally feel that he uses the power those achievements have bought him to be a bully, and that gets no respect from me.