They appear to be included, with rationale that you can already include syntactically valid crap in an unprovable way: github.com/bitcoin/bitcoin/issues/320 Better then have syntactically invalid crap that is provable.
The outputs of this transaction seem to be the first syntactically incorrect scripts of the blockchain: blockchain.info/tx/ebc9fa1196a59e192352d76c0f6e73167046b9d37b8302b6bb6968dfd279b767?format=json, found by parsing everything locally. The transaction was made in 2013 for 0.1 BTC, which then became unspendable.
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