That's irrelevant to the question - whether it's "illegal" if we can't see it. That rule says if we can't see the ferrule hit the CB (presumably even if we can hear it do that), then it's a "legal" shot. It's not about ferrule vs. tip - it's about whether or not we can see it happen.That's very specific to miscues, which are not normally fouls; it's the shaft contact that's a foul.
"Legal" just means it's not a foul under the rules.In a way this is just a semantic issue and I'd be happy if you guys instead said "it may or may not be a legal hit, but it's too hard to tell so in practice you can't call it." The way you state it is like saying "double hits are legal," and could be confusing to people.
If it can be shown that it always occurs on shots like this, then I agree - that evidence is as good as seeing it in real time and it should be in the rules as a foul. But until it is in the rules as a foul, it's "legal"....you and Dr. Dave would call that legal, based on what you're saying here, because there's no evidence of the foul. But we know it couldn't have been a legal hit. I think every ref would call it a foul. That seems directly analogous to this elevated cue example. If a certain elevation produces a foul every time, it should be a foul and called a foul. It's just a matter of whether people know about it.
pj
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