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.
Even bip16 seems to create a confiscation deadline. It says all txs created after the deadline should have the new rules applied to them. So the ~5 people who previously used hash160 hashlocks would have to move those utxos before the deadline or else their outputs would become unspendable. Which is exactly what happened; one such output was already moved, the rest did not move and became unspendable.
Seems like it sets a precedent for setting confiscation deadlines in new bips
