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.
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.
Did they anywhere refer to this as Robotaxi software over calling it FSD, the term Tesla has chosen for this?