I have a rogue mining in Silithus that was NOT banned. Just as you mention, the spawn points themselves are fixed locations, which is my point. Also just as you said, a subset of them are up at any one point. You confirmed what I just said.
The reason the rogues got banned is that the spawn time on Ooze Covered Rich Thorium Veins was exactly 45 minutes. The change that Nost made was to randomize the spawn times so that this was no longer the case, making which nodes were up non-deterministic. This makes them now like Black Lotus. I tested this myself, as I was trying to figure out why exactly they were banned (and I was not).
https://forum.nostalrius.org/viewtopic. ... 90#p144741
If herbs other than Black Lotus are up on a deterministic 45 minute spawn timer, it only leads credence to the fact that the 5 rogues that were banned were banned unjustly, as that is very strong evidence that what they did could in no way be considered exploiting.
There is a lot of misinformation about the rogue bans. Some people think it was how the mobs agro. Others think it was the spawn locations being fixed. Some think there was some secret bug they were exploiting. None of these are the case. It appears that the main reason for the bans was that these rogues created a route using the 45 minute fixed spawn time and farmed in a circuit. "A Lot."