If you look at the output scripts of the transaction, this is a patch for the bug that was used to embed the patch in the transaction in the first place. Clever.
They are accepted and valid in blocks though. So any miner can include them in their blocks. What Eligius, and some other pools do, is they allow accepting the transaction directly. So you connect your node to it directly and send the transaction as normal. It won't be relayed to other peers as they reject it. But those running a modified client will and can include it in a block.