It is rubbing the drive shaft tube - and it is notched. It appears the washer moving trick has been done as it is not on the brake side...but I m not banking on it being moved to the drive side. If so what else can it be??
I've heard the Metz 170 will rub on some bikes without the washer swap, my money is on that the previous owner didn't swap it and just left it out completely. Only way to tell will be to pull the wheel and check. Doesn't really matter if the swingarm is offset at the pivots because if all the bearings and everything are good the location of the rim and tire inside of the swingarm won't change.
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