If I'm not an OP, but have permission for /gamemode creative (which it runs if I am an OP), the client won't try to switch gamemode. While being OP and having permission for the command is the same on vanilla servers, it isn't on others, and I think it'd make more sense for it to let the server check if the player has permission, rather than the client asssuming it.
So, this is related to third party servers only?