XQuery 1.0, in its Introduction, states: "In this document, examples and material labeled as "Note" are provided for explanatory purposes and are not normative." F&O is missing this statement.
Erratum E43 has been drafted to remedy this omission. Although the erratum is classified as editorial, the bug will be held open until the WG has approved the change.
Even though there was not a Bugzilla entry making the corresponding comment about the anticipated XDM 1.1, I've made the change there.