Serhiy Storchaka added the comment:

Billy, no, the parent directory is tested intentionally. If it isn't a 
directory, we should fail.

May be there is a way to distinguish a failure because the name is already used 
for a subdirectory from a failure because we don't have permission to create a 
file, but I haven't access to Windows and can't experiment. Someone motivated 
and experienced should to do this work.

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<http://bugs.python.org/issue22107>
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