Proposed resolution:

In [ifstream.members], remove footnote:

³³⁴⁾ A successful open does not change the error state.

In [ofstream.members], remove footnote:

³³⁵⁾ A successful open does not change the error state.

The standard wording of N2134 has extended the 14882:2003(E) wording for the ifstream/ofstream/fstream open function to fix a long standing problem, see 409.

Now it's properly written as

"If that function does not return a null pointer calls clear(), otherwise calls setstate(failbit)[..]"

instead of the previous

"If that function returns a null pointer, calls setstate(failbit)[..]

While the old footnotes saying

"A successful open does not change the error state."

where correct and important, they are invalid now for ifstream and ofstream (because clear *does* indeed modify the error state) and should be removed (Interestingly fstream itself never had these, although they where needed for that time).