This is exactly why the terms "incorrect" or "error" aren't really appropriate when talking about ebook formatting. There's never been one typographic "standard" that book makers strictly adhered to--even before ebooks. Nor did the few that were widely practiced never change over the years. The "no-indent" after breaks (or on first paragraphs) rule has never been carved in stone; and neither has the treatment of different types of breaks (clearly). The only thing that has made many of these things "wrong" in ebooks is the end-user's ability to alter them. Without that, people would just read it. Like they did with print books.
How many discussions can you honestly say you had about scene- section-break handling (or the spacing after chapter headers) in printed book typography before ebooks? Probably none (unless you were/are a typesetter). I can guarantee it wasn't because there weren't differences of opinion on the subject, and different practices being applied (and still are). It was because as the reader ... your opinion simply didn't matter (and you couldn't easily do anything about it even if you did care).
There were no Arm-Chair Typographers before ebooks. Now suddenly everyone that buys an ebook is one.
