This is the rule:

"If a DVD is packaged in a keep case, within a slipcase of some kind, scan the Cover Images from the outer slipcase. If, however, the Slipcase is reflective, and the inner cover art is identical, use the Keep Case art to scan, as it will give a better quality image. "

As a screener, I can tell you that if someone scans a reflective cover and it looks significantly worse than what it should and the voters voice that opinion (not saying that their opinion is the overriding factor, just that it factors into the decision), then chances are I would not approve it over a good quality scan of the keep case art. And the alternative is also true. If someone scans a reflective cover and it looks reasonably good and there are alot of positive comments for it, then chances are I would approve it.

As for the argument for what makes it identical, in my mind, a cutout for the UPC alone would not make them not identical nor would it being cropped differently. There is a bit of gray here, and this is another situation where I would look to the voters. This is also a case to be very specific in your reasons for voting no or yes.

In both of your examples:
"Rear cover slip case has cutout so is not identical to keepcase ....
...Not identical. His head is cut off near the top of back scan, and not so on the Slip Cover's back..."

I would not consider these to be valid reasons for saying that the keep case and slip case are not identical.

-Gerri