Perhaps you are right. I was speaking of lying in general; I do not know about the contractual angle. I was disputing the OP's statement that lying is an illegal act. Lying with intent to commit fraud... Hmm.
However, you got off track in saying "something for free". As mentioned several times in this thread, there is no issue of receiving a product or service without payment - the only issue is the legality of paying for and receiving a product/service that is desired over one that is determined by a third party. I'll wager that most people who choose to do this would be more of the mind, "well, it was good while it lasted" if they should be discovered and lose the market they chose.
Either way, Dish is very unlikely to prosecute as they are not losing anything. Prosecution would mean the loss of a paying customer.
What is "unfair" is the current law regarding DMAs and out of market signals. I am always amazed when customers are willing to pay for a product or service that the vendors refuse to offer. But that is a discussion for another thread.