I looked into it further, and it looks like bitcoind actually does confiscate some pre-P2SH outputs. For the sake of "simplicity," it applies the p2sh rules to all transactions in all blocks (including pre-P2SH blocks) except ones occurring in one specific block that the devs made a single exception for. Thus, the other exceptional outputs are now unspendable.
Source:
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GitHub
bitcoin/src/validation.cpp at 13891a8a685d255cb13dd5018e3d5ccc18b07c34 ยท bitcoin/bitcoin
Bitcoin Core integration/staging tree. Contribute to bitcoin/bitcoin development by creating an account on GitHub.
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