I actually didn't say that and am not arguing it formally - I said what I said because I think that the version difference is something that should be acknowledged when doing a test like this.
I do privately assume the new version will be better in some ways, but have no idea if this problem would be solved in it - so I agree with your last sentence.
I don't think there's an official divergence in terminology other than the version numbers (which have mostly stopped incrementing for FSD vehicle owners, meanwhile there is a lot of work going into new iterations for the version running on tesla's robotaxi fleet)
Then I struggle to understand what they should have acknowledged here concerning the software used? That they do not have access to a version of FSD which currently isn’t accessible to the public? I’d think that’s self-evident for any Organisation not affiliated with Tesla.
Your argument that a newer version is better simply because it's newer does not convince me. The new version could still have that same issue.