Todd, you're a tenaciously logical debater. Good stuff. And BTW I agree with Frank...certainly in this instance.
IF the 12 were speed-limited in any way other than by gearing, it would be in Kawasaki's best (sales) interests to disclose that fact.
When speed limiters are put into place, either by voluntary manufacturers' agreements or by politicos, it becomes public knowledge. Everyone understands that European BMWs, Porsches and Mercedes are "electronically limited" to 155 mph.
I have driven speed limited bikes and cars, and the effect is so self-evident that there's no need for speculation.
The 12 isn't limited. It's just short on torque and aeros.
Until someone credible states that the bike is limited and by what means it's limited, it's not limited.