There was a pretty lengthy debate a after max winning was reduced to 0.25% of bankroll (i.e. quarter Kelly) and they increased up to 0.5% (half Kelly)....
I assume Doog hasn't changed anything because it is not really worth the effort and makes investing more complicated. The current max payout is so high that your first example would be rather pointless. The second example would just force everyone to go to full Kelly, if they want the same profits. The second example is also why allowing leverage could be problematic. Since there are rarely "large" bets, it would be relatively safe using high leverage. I could easily see the max payout inflate due to more and more leverage being used.