No, they actually can't. The were also labeled with that orange sticker. I really don't understand why this is so difficult for you. If it was already manufactured, it gets a bright orange sticker. So at the time of the decision, there were a fixed number of already-manufactured receivers that got stickers. That number never changes - let's say its 3.2 million. Most of them were already placed with customers, some were sitting in a warehouse. Nevertheless, they all get orange stickers. Let's say that DISH changes the manufacturing process so that it loads new software directly on the hardware as it's being manufactured. It gets boxed up and labeled as DishPlayer 522a. TiVo would need to file a new contempt motion on these receivers, and they don't get an orange sticker. The "more than colorably different" test that jacmyoung loves to misquote comes into play. Lots of discovery comes into play. But these receivers would not be held in contempt until (and if) the determination was made that the new software was in fact more than colorably different.