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Done in rev. 1.61 of posixpath.py.

(Actually, OSX does complain when you feed open() a non-valid 
utf-8 string (albeit with a misleading error message). The OS also 
makes sure the name is converted to its preferred form, eg. if I 
create a file named u'\xc7', I can also open it as u'C\u0327', and 
os.listdir() will always show the latter, no matter how you created 
the file.)