Julian Reschke wrote:
...
Data loss is not a "safe" choice, it's a bad choice.

Do you have any evidence of deployed code that would break if this would throw?
...

I just tried with FF3 and IE7.

Using a non-ns-wellformed document:

- FF3: happily sends it
- IE7: couldn't figure out how to create it (respect!)

Using an document that has no root element, but a single comment:

- FF3: happily sends it
- IE7: throws an exception

So, how is data loss a "safe" choice here???

BR, Julian


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