duplicatesStrategy 'exclude' will yield undeterminisitc output for nested "from"s (nested inside "into")

Suppose you have something like:

task zip(type: Zip) {
  archiveName = "out.zip"
  duplicatesStrategy = 'exclude'
    into('TARGET_FOLDER_IN_ZIP') {

According to http://www.gradle.org/docs/current/javadoc/org/gradle/api/file/DuplicatesStrategy.html Exclude means

Do not allow duplicates by ignoring subsequent items to be created at the same path.

So if you have the same filename in folder1 & folder2 only the file from folder1 should end up in the zip. If you change the two “from” lines in the buildfile, only the file from folder2 should end up there. This seems not to be whats happening (gradle 1.10). Instead always the same file is used. Seems like nested "from"s do not preserve their order.