Interesting, I think you're right, but it goes against the BIP16 definition.
So, it seems bip16 is NON confiscatory but the code implementation IS.
But I wasn't always like that, it seems Gavin started with a timestamp:
But that variable (nBIP16SwitchTime) is now gone from the code.
Interesting, I would like to have the time to investigate this further.
GitHub
Remove -bip16 and -paytoscripthashtime command-line arguments · bitcoin/bitcoin@8f188ec
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