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Why? What are you going to do different if you are told it is broken versus down for maintenance? You're still not getting any ice cream?
The French existentialist Jean-Paul Sartre was sitting in a cafe when a waitress approached him: "Can I get you something to drink, Monsieur Sartre?" Sartre replied, "Yes, I'd like a cup of coffee with sugar, but no cream". Nodding agreement, the waitress walked off to fill the order and Sartre returned to working. A few minutes later, however, the waitress returned and said, "I'm sorry, Monsieur Sartre, we are all out of cream -- how about with no milk?"
Brings to mind the Hitchhiker's Guide to the Galaxy text adventure by Infocom where you start the game with an item called "no tea" in your inventory.
I don't get it.
Sartre believed that it was impossible to abdicate the responsibility of making choices, because to choose to do nothing is still a choice -- in other words, "nothing" is a kind of something. So one might humorously imagine that Sartre would also think that "no cream" is a kind of something that could be different from "no milk."
Excellent! I once went to a local burger place - they have a menu full of the various types of burgers, all loaded with everything. My kids are super picky, so I asked for a burger, with nothing except the burger and the bun.

Server looked confused - but which burger did I want? It became apparent that while I could ask for a preset item and ask for removals, I could not actually go fully off menu. So I had to ask for "the cheese burger, without the cheese" (as somehow distinct to say, the bacon burger, without the bacon). I laughed at the ludicrousness of that, but now I see they were channeling Sartre! In retrospect it would have been a truly beautiful absurdity if see had come back and said "sorry, we have no cheese, do you want no bacon?"

Like the scene from Five Easy Pieces with Jack Nicholson. He asked the waitress for an omelet with a side of toast. She says they don't have a side of toast, so he asks for a chicken salad sandwich, on toasted wheat bread, and hold the mayonnaise, the lettuce and the chicken salad.
I get the feeling that it's also easier for the cashier to put it into the point of sale / ordering system. There are buttons for specific menu items, and then buttons to remove things from them, but no buttons to build a burger from scratch.
I remember working at the drive thru for Wendy’s. I learned all about some clever orders that saved you $0.50-2.00 by ordering things a certain way. I can’t remember anything specific, but I remember one time asking, “so you want an X?” And they came back with “no, put it in exactly how I told you.”
In the ice cream situation, broken and down mean the same thing. In the Sartre anecdote, milk and cream mean the same thing.
No, it was a logic error on the part of the server. Since he requested without cream, their lack of cream was irrelevant.
One implies neglect or incompetence, the other implies a limitation of a system.

Some people would look down on a franchise or a restaurant or a business that had super high failure rates. Like if the comedy section of Netflix went down every 3 times you tried to visit that section. As opposed to Netflix having some system level limitation requiring them to perform some magical dance and perform some spell every few days to keep the server room from exploding.

You would perhaps give Netflix more leeway and not feel as much disdain and switch to a competitor if you knew that the comedy section being down every once in a while was some legitimate limit the engineers had found and not just a shoddy organization. But if you just got some nginx 500 error page randomly you would be like 'wow this site is hot garbage'.

Sir, this is a McDonald's.
This is McDonald's we're talking about. No one walks into one expecting spit-and-polish and Michelin-starred service.