This vulnerability is a good example of how a security bug is
still a bug. That is: even if all the bad guys went away there would still be problems. This issue was fixed (as far as I can tell) pre-1.0 for non-security reasons. See this discussion:
https://github.com/dotcloud/docker/issues/5661 .
Basically, docker used to have a "drop" list associated with each execdriver. By default docker kept all kernel bestowed capabilities but would explicitly drop those on the execdriver's drop list. This created issues with compatibility. If an image was prepared on a kernel that didn't have a particular capability at all and was suddenly run on one that was, weird hard to diagnose behavioral differences could emerge. So now docker drops everything by default and the execdrivers have a "keep" list. Also, there's now a check for the kernel defining a capability before trying to mess with it.
There are---of course---still some issues. For example, docker drops everything then tries to add the capability back. That won't work for some capabilities because some can't be added back once they've been renounced. Still, the situation is an interesting example of how a security bug is still a bug and is likely to bite you in some way sooner or later. See also XSS flaws that limit valid inputs.