Ok, I've been thinking on this, but I still don't understand, so help me out if you will.
If there is no programmed cutoff and the bike is 'cutting off' assist by virtue of it naturally reaching its maximum RPM, and the back EMF causing there to be no power delivered from the motor, then if this cutoff (virtually zero assist) is 17mph (at maximum battery capacity), the power curves I've seen from typical motors would suggest that not only is there zero assist at 17mph, there could be a good few mph below this where its very weak. What would its max output be, perhaps 10-12mph? that still doesn't sound very satisfactory to have this decreasing power after this point. And as the battery voltage gets less, those speeds decreases even further.
If at 17mph there is still a good amount of power being delivered, then wouldn't this mean that the bike would keep delivering (albeit decreasing) power ABOVE 17mph, making it illegal - because its assisting above the limit??
And if you design it so that its still assisting at 17mph when the battery is at minimal level, then it would be assisting WAY above the 17mph when the battery is full ?!?
Also, you say I'm forgetting current, but if you're limited by the back emf of the motor opposing the applied voltage of the battery/controller, isn't it a voltage issue and not a current issue? how can you 'increase the current' to overcome this??