It's not a "malicious miner", it's just a logical miner. Miners should give priority to the transactions which pay more.
The miner wouldn't follow the Bitcoin protocol, so I'm not sure I would call it 'logical'. Bitcoin can also be seen as a timestamp network (the paper specifically mentions the term "distributed timestamp server"). It is an attempt at establishing a chronological order between transactions in a distributed manner. So miners need to include the transaction they received first, if they want to follow the Bitcoin protocol. If they don't do that, I would call them malicious. (This only applies to transactions that are in conflicting with each other.)
By the way, according to what you're saying, there's no way to redeem a transaction with a future nLockTime then? Or when nLockTime is present the first-seen-win rule is not applied? If it's not possible to redeem such transactions, they become rather useless...
I'm not sure to what you are referring here exactly, but I'm also not that familiar with the semantics of nLockTime.
With this setup, I can now attempt to double-spend until I succeed. The only conditions is, that the total amount of fees I have to pay is less than the payoff for a single successful double-spend. This will most likely be the case, unless you charge huge fees.
I don't think so - BDPIC would notice a lot of double spend attempts originating from a single merchant and likely refuse to process for that merchant - or have a sliding scale of cost depending on the level of risk of the merchant.
Attempts of the attack I linked to can not be detected, so you would only notice it once its too late.