Are you referring to the local section of the guide? If so I don't think they can do it because that guide data reflects the dish locals "LiL' channels.
I believe all the DVRs are receiving the 9 day guide and it may start controversy if people with SD based DVRs are seeing the word HD in the info. They may even want to know why the channel isn't presented in letterbox mode.
However when dish starts providing local HD then they should definitely provide that info in the guide and should even map that info to OTA locals for those that have HD receivers.
I believe all the DVRs are receiving the 9 day guide and it may start controversy if people with SD based DVRs are seeing the word HD in the info. They may even want to know why the channel isn't presented in letterbox mode.
You're right they don't, but the SD receivers may have LiL mapped to the local channel positions. Those that don't subscribe to locals won't get guide at all. So I guess the only complainers would be those that are paying for locals and regretting that it isn't in HD like it says.
I haven't been watching analog lately and I don't subscribe to dish locals except for one month when they gave it to me for free. But at that time most programming was in normal mode except for an occasional movie. But that could change at any time.
PS: Thinking a little further on this subject, they could design a software release for all the SD DVRs to omit displaying the HD logo if it's presented. That way everybody could be happy.