If the dock stopped activating with maximized windows as well as full screen, your (and many, many, other) post would instead be about how annoying it was for the dock NOT to activate when you needed it if you were browsing or working on Photoshop.
What Nexus can't do is read your mind to know when you've activated it deliberately or by accident.
There are already a TON of settings you can modify designed to alleviate or even eliminate this problem: you can change the edge bump delays to make the dock respond slower, you can use a edge SWIPE instead of edge BUMP to activate the dock, you can put the dock at the bottom of the screen instead of at the top (like MacOSX does), etc...
You'll have to play with those settings to figure out something that works FOR YOU.