Clean URL test works, but option still disabled

From http://api.drupal.org/api/HEAD/function/system_clean_url_settings:

if (!variable_get('clean_url', 0)) {
    if (strpos(request_uri(), '?q=') !== FALSE) {
      $form['clean_url']['#description'] .= t(' Before enabling clean URLs, you must perform a test to determine if your server is properly configured. If you are able to see this page again after clicking the "Run the clean URL test" link, the test has succeeded and the radio buttons above will be available. If instead you are directed to a "Page not found" error, you will need to change the configuration of your server. The <a href="@handbook">handbook page on Clean URLs</a> has additional troubleshooting information. !run-test', array('@handbook' => 'http://drupal.org/node/15365', '!run-test' => '<a href ="'. base_path() . 'admin/settings/clean-urls">'. t('Run the clean URL test') .'</a>'));
      $form['clean_url']['#disabled'] = TRUE;
    }
    else {
      $form['clean_url']['#description'] .= t(' You have successfully demonstrated that clean URLs work on your server. You may enable/disable them as you wish.');
      $form['#collapsed'] = FALSE;
    }
  }

Thus http://drupal.org/node/87310 is what caused it.

I can confirm the problem. Marking as critical.

Attached patch rolls back http://drupal.org/node/87310 until that issue can come up with a better solution.

The attached patch restores functionality for me on apache - please verify. It theoretically preserves the fixes from#87310 too.

Patch in #5 fixes the issue for apache. Needs to be tested on IIS.

Patch at #5 works as advertised for me.
Alan

Working w/ ChrisKen on a better one.

Chx and I talked out the logic and improved it. This patch also uses his proposed formatting to help with the parentheses.

That code is getting real ugly -- I think I'm in favor of a rollback.

Using the rollback patch in #4 works fine. Any new attempt to fix the original problem should indicate which variable tests and logic are being used for which servers/configurations.

Committed #4. Thanks.

are there any instructions for adding this patch? as i just get parse errors and the patches take the whole site down.
either im doing somthing wrong or it doesnt work. im hosted with streamline.net and im about to ditch them as this is more hassle than its worth