You're aiming at the wrong thing, see Re^2: Bug : eval and accent. Moreover, the two evals are definitively not the same, see the docs. You can't eval what's inside a string using the block form; the warning you see is the same that you would see simply writing:

$code1;
[download]

without the eval, i.e. using a private variable in a void context. Try perl -we 'my $x; $x' (quoting may change if you're in Windows) on the command line to see it.

As sylvanus_monachus points out, the bug is in the second eval, which is executed (see ikegami's Re: Bug : eval and accent) but not correctly.

In any case, I'd surely avoid eval-ing code that comes from the outside world... unless it's me ;)

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