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The definition of "same key" in the XQuery 3.1 CR (ยง3.11.1.1) dated 17 Dec 2015 is out of date and inconsistent with F+O. The agreed definition is at http://www.w3.org/XML/Group/qtspecs/specifications/xpath-functions-31/html/Overview-diff.html#func-same-key The Note that states "In some edge cases involving numerics, the same key value relationship is not transitive." is no longer true.
I will fix this by replacing the definition with a reference to F&O.
The WG agreed on 2015-01-12 to resolve this by referring to the definition of op:same-key in F&O