It's you that's not getting it. Since most ebikes can have the limit speed changed, that would render them all illegal. It's the interpretation of what that means that we're discussing. The capability to derestrict is available for every electric bike ever made. That doesn't change simply because the owner doesn't know how to do it.Absolutely not so. Both the EU and the DfT have made it absolutely clear that any available method under the rider's control is illegal, since the pedelec itself then doesn't comply with the type approval exemption.
Why is it that you cannot understand this simple concept?
"Under the rider's control". Is that while riding the bike or in the rider's garage before setting off, or is it when he hands in his bike to a dealer, knowing that the dealer has the capability to change it? Obviously, the latter is absurd as far as a conviction is concerned, but I come back to the point. What does "Under the rider's control" mean? All we can do is express our own interpretations of what we think is reasonable, but that's not how the law works.
Let's take the example of the Gocycle, which can be reprogrammed at the touch of a button from a nearby smartphone. There are several levels of parameters that you can change, each protected by passwords that are available in the public domain. Do you break the law by riding the bike, riding the bike while in possession of the phone app, knowing the password, or what? I don't think anybody would disagree that riding the bike with the power and speed set to the legal parameters is legal, but what if the rider has their smartphone in their pocket with the app on it? Bear in mind that all the power profiles that you can change on the user level are legal. The only thing hiding the illegal ones is a password, which may or may not be in the rider's head.
Then there's the discussion of whether the legal position is changed depending whether the phone is mounted on the handlebars for easy access, in a pocket where it can be easily removed and operated with one hand while riding the bike, or zipped in a pocket that can only be accessed when the rider stops for a break.
What starts as a simple concept "off road button" is easy to understand, but actually very complicated to define, whatever the clever EU politicians have in their minds about what's right and wrong.
We're all agreed that to ride a bike with the cut-off set above 25 km/h +10% is illegal.