Don't serve html5shiv from Google code repository

4.x is still not the recommended version, so I suppose this should be fixed for users that are using the 3.x version (like production websites).
Are there issues when upgrading from 3.x to 4.x version?

Anyway, as there is a patch, changing status to needs review.

omega-html5shiv-local.patch queued for re-testing.

Updated issue summary.

The patch uses path_to_theme() which is problematic. I've seen folks report certain issues where path_to_theme() returns the base theme when they expected it to return the active theme, but I'm actually experiencing the opposite problem: I subthemed Omega, and path_to_theme() in the context of html.tpl.php is the path to my subtheme. I do not include js/html5shiv.js in my subtheme, nor should I need to, so the resulting path is a 404 Not Found. The subtheming guide does not suggest unnecessarily duplicating assets from the base theme.

This bit of documentation clarifies why, in this particular context of html.tpl.php, path_to_theme() is returning my subtheme rather than Omega or Alpha: "When called outside the scope of a theming call, it will always point to the active theme." (https://api.drupal.org/api/drupal/includes%21theme.inc/function/path_to_...)

What do you think about swapping out path_to_theme() for drupal_get_path('theme', 'omega')? The path to html5shiv.js is always composed from the path to Omega, despite Omega both having a base theme and being a base theme for something else.

Looks solid. One more for RTBC?

#1 tested and works well!