Rob Hill wrote:
Given that the files have not been touched since August 2009
You don't know that for sure. Some process somewhere apparently has done something.
what are the criteria for files to be backup candidates?
OSX keeps a hidden +File System Event Store+ (log) on each disk. It's not a list of every file that was changed (that would get very large very quickly), but each
directory (folder) that had anything inside it changed. Various other processes (such as Spotlight and Time Machine) can interrogate this, then examine the contents to determine what was changed inside the folder.
That's how, for example, moving a file from one folder to another doesn't change the file's +date modified,+ but Time Machine still knows that it needs to be backed-up.
The contents of the log aren't kept forever, of course; the older items are periodically purged. If you do an OSX update, for example, so many things are changed that the log is overwhelmed. In that case, Time Machine will do a "deep traversal," comparing every directory on your system to the backups. This will also happen in some other circumstances, where TM can't be sure the Event Store is correct and matches TM's records.