Okie,
The way these things are resolved is into contributing factors and cause. What lead to the incident, and what happened that inevitably caused it. If the situation was recoverable, why wasn't it?
In Naval Aviation there are four broad categories of contributing factors that lead to a root cause: Pilot Error, Mechanical Failure, Manufacturing Defect, and Maintenance Error.
If we (the public) assume the software in the Max was defective and inadvertently or incorrectly caused the control configuration that resulted in the crash, then you have to focus in on Manufacturing Defect (Software)
But, Boeing has already stated publicly that the switch to disconnect the software from the catastrophic automatic control configuration, was right next to the pilot's knee. (example of go/no go)
So then you have to ask, assuming this is the case, why didn't the pilot switch off the erratic software which had the aircraft configured to crash?
Possible reasons: The switch was manipulated by the pilot, but was inoperative/failed to deactivate the software; the pilots had not received proper/effective training on this emergency procedure, and were unaware of the switch's location/purpose.
So then you have to ask, if the switch was activated by the pilots, but didn't work, why didn't it work? (You return to Manufacturer Defect); If the pilots were not properly trained on this emergency procedure, you have to ask who failed to properly/effectively train, and why did they fail to complete/ensure the required training. Depending on the sales contract for the aircraft from Boeing, this could be Boeing's negligence (again, why were they negligent?) or it could be a supervisory error in the oversight of the pilots.
All of these rat holes have to be tapped and followed to their conclusion, to find the root cause, with a continuation of why, why, why. Along the way, one can find certain go/no go decisions that could have interrupted the chain of events, but finding the root cause allows the powers that be to come up with lessons learned and effective corrective action. It is a complicated process, and a proper and thorough mishap investigation can take a year or more to complete.