FYI you posted a 2007-2012 CBR600RR tail light, which was always under the exhaust. Lights above the exhaust were all aftermarket until 2013+.Not sure if you found our answer yet or not, but it appears that this is how its been designed. Looking at other pictures it seems to be the norm
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If you look at this guy's bike the tail light has been moved under the pipe, competition werkes makes these
[video=youtube;HiVvUuy3TCU]https://www.youtube.com/watch?v=HiVvUuy3TCU[/video]