You certainly have no idea about that. Very bad things can happen above Vne , there is a reason this is called Vne !
I am aware of what can happen beyond Vne, but I did not mean talking about damage or turbolences. I am talking about the ingame Fly-By-Wire code itself. I am pretty confident that there is no code that says: “Oh, you’re past Vne? Lets shake dat rudder!” The rudder could get damaged due to overspeed, sure. But why would it fix itself when switching views and is functioning perfectly fine at lower speeds? If the FLCS were to counter turbolences, then why would it stop doing that in third person? I think, that this behavior in BMS is a bug (obviously) and as you said, it can be fixed. I agree, messing with the FLCS may not be in everyone’s favour.