What makes you think it is a bug? What does the execution plan for each instance show you?
When I reviewed the plan I got from the query it shows the "Optimization Level" as "TRIVIAL". What I have [read][1] this simply means the query is not going through the full optimization process by the optimizer due to certain requirements. I don't have a SQL 2008 instance but ran the query on SQL 2008 R2 (SP1) and SQL 2005 (SP4) and got the same plan and same time to run it. I don't have a report server to deploy it to.
[1]: http://sqlinthewild.co.za/index.php/2009/12/08/are-trivial-plans-cached/
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