I was about to say, then that is a definition you have made for yourself. My understanding of the word malice is to mean "desire to cause pain, injury, or distress to another" as Webster defines the word.

But I discovered there is a second, legal context for the word which means "intent to commit an unlawful act or cause harm without legal justification or excuse" so I guess in the law, "malice" is just another word for "deliberate."

I still think the first definition is what most people are familiar with, and that unless you think the engineers deliberately designed the rudder control system to behave in this way, knowing it would cause crashes and fatalities, the company having a bias after the fact to not blame themselves does not rise to that standard.