Either way, you need to rule out all points in state space but one.

Are you sure that all points in state space require the same number of bits to describe, if descriptions are computer programs? It seems to me that some states are more ordered and can be written out by a shorter program. For example, if all particles have zero velocity, that can be written out by a pretty short program. Equilibrium vs non-equilibrium doesn't really come into it, e.g. a pair of very ordered objects about to collide at high speed could have a very short description and still lead to a big bang.

I agree that the constants depend on the choice of programming language, but that's a problem for K-complexity in general. I'd love to know the solution to that...