I got confused with a seemingly simple concept. Mysql defines deterministic function as a function that
always produces the same result for the same
DETERMINISTIC results does not refer to different results sets being returned at different times (depending on what data has been added in the mean time). Moreover it is a reference to the result sets on different machines using the same data. If for example, you have 2 machines which run a function including uuid() or referencing server variables then these should be considered NOT DETERMINISTIC. This is useful for example in replication because the function calls are stored in the binary log (master) and then also executed by the slave. For details and examples see http://dev.mysql.com/doc/refman/5.0/en/stored-programs-logging.html
The use of DETERMINISTIC is thus (99% of the time) correct, not to be considered misuse.