Wait, ignoring firmware... you need to have some charge in order to charge with USB-C? Couldn't it use the lowest power modes until it has enough juice to communicate? This seems like a serious flaw with USB PD.
That seems to be an implementation flaw. USB-C provides 5V by default with no negotiation which should be enough to power the controller and allow it to negotiate a higher voltage.
> USB-C provides 5V by default with no negotiation
Just to be pedantic, USB-C does need negotiation before it provides 5V, but that negotiation is just a pair of resistors of a specific value.
(Since the USB-C cable is symmetric, this negotiation is necessary to decide which end will provide the power. One end has both resistors wired as a pull-down, and the other end has both resistors wired as a pull-up. The end with both resistors wired as a pull-up will initially provide the 5V power.)
I have no idea. Maybe they can't, but we won't find out for 5 years when someone brings one out of a closet. Maybe there is enough current leakage when in non charging mode for them to run that much electronics.