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Sample code in the 2.1 draft (the parent-copy() function) illustrates the awkwardness that arises when trying to do a shallow copy of a node that is not the context node. Most XSLT instructions and XPath operators/functions now allow the operand to be selected explicitly rather than working only on the context node. xsl:copy is an exception. It should have a select attribute for consistency with other instructions.
*** This bug has been marked as a duplicate of bug 6848 ***