They're two separate groups. Group one, the grandfathered one, is "legitimate" software that was simply published to the store prior to the mandatory sandboxing requirement–those can still get updates and remain unsandboxed. The second group is the list that I posted here, that have special status in the dynamic linker (can interpose functions) and through that can (probably don't, but "can" on a technical level by exploiting flaws in how Apple does sandboxing) bypass the sandbox.