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:
https://github.com/bitcoin/bitcoin/commit/8f188ece3c82c4cf5d52a3363e7643c23169c0ff#diff-34d21af3c614ea3cee120df276c9c4ae95053830d7f1d3deaf009a4625409ad2R1282
But that variable (nBIP16SwitchTime) is now gone from the code.
Interesting, I would like to have the time to investigate this further.
