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E.g., http://validator.w3.org/check? uri=http://www.w3.org/Style/CSS/Test/CSS3/Selectors/20040510/xhtml/tests/css3- modsel-57.xml A text/xml delivered XML document, yet the validator insists on falling back to HTML 4.01 Transitional which isn't useful.
Fixed in CVS. Content-Types are now taken into consideration when determining parse mode, and text/xml (among others) will now trigger XML mode in the absence of a DOCTYPE Declaration (the sole determinant previously).