Jan -
It's a little hard to follow your point, but:
1) Yes, it's a bug that needs fixing.
2) No, it's not a backward compat problem. JSP doesn't have this problem, and Facelets 1.1 had it worse. So you'll only hit it if you're already porting JSPs to Facelets.
[Message sent by forum member 'driscoll' (jim.driscoll_at_sun.com)]
http://forums.java.net/jive/thread.jspa?messageID=369867