I don't think DishTV is aware of the fact that only Dolby Digital equipment is licensed by Dolby Labs. Their protocol itself isn't patented. So it's possible to use open source software for Dolby digital encoding (a52 codecs) and avoid paying a licensing fee to Dolby Labs. The catch is it'll work with all Dolby Digital capable receivers, but they won't be able to call it Dolby Digital.
If they decode and then encode DD5.1 again, they'll need a distributor's license (as opposed to just a user's license required for decoding instruments). Why would they want to do that? Obviously they are not stupid, there has to be an explanation for this. Can someone shed some light on this?