DAV:unreserved - missing precondition?

Section 13.3.1 of the spec says:

> 13.3.1 DAV:unreserved
> This property of a checked-out resource indicates whether the 
> DAV:activity-set of another checked-out resource associated with the 
> version history of this version-controlled resource can have an 
> activity that is in the DAV:activity-set property of this checked-out 
> resource.

The activity feature adds a checkout precondition:

> (DAV:one-checkout-per-activity-per-history): If there is a request 
> activity set, unless DAV:unreserved is specified, another checkout 
> from a version of that version history MUST NOT select an activity in 
> that activity set.

Should this precondition also cover the case where the checkout request 
includes an activity and specifies DAV:unreserved, but the checkout 
should fail because a checked-out resource already exists, with 
DAV:unreserved false, and a DAV:activity-set value that contains the 
checkout request activity?

Thanks,
Alison.