I'm not versed enough in bitcoin script to say definitively, but just guessing, it may be that the bug is that this is a way to get a non-standard txn mined.
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.