If you look inside at the back spring, you should see a black bar, that's the lever that provides tension for the lock, sometimes in transit or build most likely, that lock bar isn't fully seated BACK into it's slot so it is OUT too far and that causes the locking mechanism to not work properly. If you are able to get something to push that back into place, I think you will find it will function properly and I agree, it's one heck of a knife!
Now, one thing I did a long time ago on mine, was to take it out and very carefully round the very end of that spring bar so as the lock pushes against it, you don't have a sharp edge corner trying to bite into the lock release part. I lightly sanded and buffed that corner and it worked great.
SO, my guess is that is why people claim that it will eventually wear in and work better, because after so many opening and closings, that edge of the lever has been worn down and doesn't bite into the lock mech as much any more.
image shows the workings of the triAd lock system, the spring bar on the right side is most likely just out a little too far, might even be able to push it back into place without having to take it apart.
G2