Bug in Lion and beyond: "get selection" in Finder not working any more

I can’t find anything on Google about this, so I wonder if it’s just me:

When I do “tell finder to get selection”, it fails in Lion (and 10.8 previews) often at the first time after opening a folder and selecting an item.

To reproduce, look at this video I made or do this:

Write this script in Script Editor:

tell application "Finder"
  get selection
end tell

Now open a new folder in Finder, select an item, then switch to the Script Editor and run the script.

This gives me the wrong result, i.e. the opened folder and not the selected item in it.

Now to this:

Switch back to the Finder, without changing the selection, e.g. by clicking on the opened folder’s window title, then switch back to Script Editor and run the script once more. This time, the result is correct.

This is highly annoying for me as my workflows depend on this working right.
I’ve contacted the Dragthing Author because it’s where I notice this misbehavior most, and he could reproduce it as well.

I’ve reported this to Apple about half a year ago, and I see that’s still available even in the latest 10.8 preview. I wonder why this isn’t getting fixed. Is Apple unable to deal with such a simple bug that they’re introduced in Lion (it worked reliably ever before)??

Anyone here having some insight into this, or even the power to coerce Apple into fixing this?

(I was going to post this under “Unofficial Applescript Bug Tracker”, but that’s not possible, oddly.)