Great point. I haven't looked, but I think nokogiri fixes that bug. I think that was one tenderlove's motivations for creating nokogiri. He talks about it more on his blog:
"I just want to tell you that you shouldn't worry about that old legacy code that uses Hpricot. Nokogiri can be used as a drop in replacement! Really! Nokogiri doesn't reproduce the bugs that are in Hpricot, but should work in most cases. Just use "Nokogir::Hpricot()" to parse your HTML. Of course, I've tried to keep the syntax of Hpricot that I like."
http://tenderlovemaking.com/2008/10/30/nokogiri-is-released/
"I just want to tell you that you shouldn't worry about that old legacy code that uses Hpricot. Nokogiri can be used as a drop in replacement! Really! Nokogiri doesn't reproduce the bugs that are in Hpricot, but should work in most cases. Just use "Nokogir::Hpricot()" to parse your HTML. Of course, I've tried to keep the syntax of Hpricot that I like."