Well... [2.6.37, 3.8.10) -- non-inclusive on the upper bound.
Fixed in 3.8.10 so that one's good.
Otherwise, yes, yes it is.
*Edit: Actually it looks like it's fixed in 3.8.9 (made it in 3.8.9rc8) based on the patch at: https://patchwork.kernel.org/patch/2441281/ -- Someone with more knowledge of kernel dev should double-check.
Fixed in 3.8.10 so that one's good.
Otherwise, yes, yes it is.
*Edit: Actually it looks like it's fixed in 3.8.9 (made it in 3.8.9rc8) based on the patch at: https://patchwork.kernel.org/patch/2441281/ -- Someone with more knowledge of kernel dev should double-check.