pytest 8 regressions with warnings found on the setuptools_scm testsuite

[RonnyPfannschmidt]

on setuptools_scm a testuriously started to fail with pytest 8.0 while passing on pytest 7.x

a example of a breaking run is https://github.com/pypa/setuptools_scm/actions/runs/7886105844/job/21518684207

the reason is unclear to me and i will work on investigating it after i finish the next setuptools_scm release

[RonnyPfannschmidt]

further investigation shows a potential relation to #10937

[RonnyPfannschmidt]

closing as invalid - more investigation showed that #10937 just ensured the issue would actually trigger
a few months prior a different change should have started to make this fail, however the issue was hidden due to another error