Side note/Gripe: What really pisses me off about DVD marketing is when all of these so-called "special editions" are released that are in no way different from the theatrical release. Having a bunch of great bonus features does not make it a "special edition." That just makes it a good DVD. Put in one different shot and its a special edition.
I think that some grey area exists with respect to the mattes around FX shots. Cleaning up the mattes was more an issue of computer-based color correction and matching, rather than changing a shot. After all, the mattes didn't show up on the silver screen, only on the TV screen. Lightsaber corrections, as much as they were needed in ANH, are still changes, though, and probably deserve the SE designation. I'm on the fence here.
Adding in deleted scenes, swapping shots, and screwing with existing ones make a SE.
Lucas should be labelling the Star Wars DVD as the 2004 Special Edition. He should have make a friggin' seamless branching disc that had all three editions available. If T2 could do it five years ago, Lucas could have and should have done it now. Arrogant revisionism, plain and simple.