Hi Adam,

Since the stack of open elements always has <html> at the top of the stack,
the "element in scope" algorithm will always find it, and as a result, the
first part of the condition will always fail.

Even in the fragment case?  (Note the parenthetical remark in the spec
about this text applying only in the fragment case.)

Yes, see 12.4, the stack of open elements always contains a <html> root in the fragment case when there is a context element:

    Let root be a new html element with no attributes.
    ...
    Set up the parser's stack of open elements so that it contains just
    the single element root.

Best regards,

Michael

--
Prince: Print with CSS!
http://www.princexml.com

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