The league cannot punish anybody on the list for the positive result. That was the stipulation. They can, however, punish anybody who subsequently gets caught with positive result of banned substances, e.g. Manny. It's just a legacy issue with these superstars. HOF becomes problematic and their market value tanks as endorsement deals vanish. In case of Ortiz, you can say the physical withdrawal is pretty severe. I think the Sox Nation would actually welcome a 162 game ban -- it would free up a roster spot.