Thanks for creating that picture and I understand Hobies logic now. The problem is that it only makes a real world difference of maybe an inch in added horizontal line clearance and that is not nearly enough to stop the snags, on my boat at least (and I suspect others too). Yes, I can slow my furling down and never get snags. But when a gust overwhelms you or you have to do an emergency furl for one of many reasons, you react quickly, not thinking or just not able to furl at the 1/2 to 1/4 normal speed needed to avoid a snag.
Here is my modified topper on the left and Hobie's improved topper on the right. My topper stick out 14 inches horizontally from the mast vs the 6 inch clearance the Hobie topper has. My topper has never snagged. I've tried to shorten the sharktubing (semirigid yet flexible tubing) on the fore side of the topper and as soon as I do I get snags if I go less than about 10-12 inches. I get snags about 95% of the time with normal speed furling when I use the Hobie improved topper.

The extra height of the improved Hobie topper simply can't offer the needed clearance. You could add 6 FEET of extra height and the line angles are such that you would only be adding an inch or two of horizontal line clearance. My point is not that I can make a better topper but that Hobie should focus on length not height to solve this problem so that all those who what these spinnakers can feel comfortable enough to go out and buy them.
One solution may be to get rind of the thicker batten that is used in the current models and go back the the flimsier on in pre 2015 AIs. I would probably need to remain my boat Free Willie though. Seriously, a longer topper is the only real solution that I know will work.