Calling NdisQueryBufferSafe with a spin lock

I have been examining the e100bex sample NDIS driver with the DDK and have a
question about calling NdisQueryBufferSafe().

The documentation for NdisQueryBufferSafe() specifically states

“The driver must release any spin lock it is holding before calling

However, in the function MpCopyPacket in the e100bex driver, this function
is called even though the driver is holding a spin lock.

Is this an error in the sample driver, or is this requirement not so
important after all?

Thanks in advance