So you completely missed the entire point of what I said ... the issue is they are using a too low 75% ...
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BIP101 activates *only* if XT has >75% of hashing power.
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False.
Bitcoin mining is random statistics.
It's not 10 minutes per block, every block.
Edit: and to give an example:
My pool mined 17 blocks at under 30% difficulty - yep luck was on a roll when that happened.
At the time, if there was any voting happening, for that period of time my pool would have effectively voted at over 300% of it's hash power.
But that's possible, isn't it? I mean hashing rate is probabilistic. If you take a narrow sample you can easily find boundary cases proliferate. But then if you take the sample as a whole, then the 'averages' will dominate. While your pool did well for that run of blocks, there had to be another n blocks where the difficulty was over 200%.
So its not random overall. But any sample will appear to be.