Yes, the patch is for opengl only; the (SDL) overlay works in YUV color space, so I believe falling back to the plain surface when RGB data is provided is necessary there. I cannot conveniently test this on anything but Linux. SDL and OpenGL both aim to be platform independent though so I expect this to work whenever OpenGL is available.
Bogus aspect ratio calculation for VESA mode 10F
Yes, this behavior persists. The patch still seems to work as well.