There is a zone cut at ws.fdmg.org, so I think it's the latter. The zone is misconfigured, that's pretty simple to fix for whoever owns the zone, but the general question of whether Route 53 should be more strict and prevent it from being imported or not is a tough call.
On the one hand it's good to prevent these edge cases and keep things deterministic, but on the other it can cause availability issues for customers if Route 53 were to refuse to import a zone that probably loaded and "worked" just fine with the previous or secondary set up. There's all sorts of ways it's possible to write a mis-configured but "valid" zone file, where records and subtrees of records become unreachable. Most customers rely on test queries and traffic monitoring to observe if there are problems.
In general, at AWS we try to avoid being paternalistic; we believe in giving customers powerful tools and then making those tools intuitive and easy, but I'll admit this can be very challenging with DNS, where the standards and obscure corner cases were never really intended to be understood by an inexpert user-base.
I resisted making this point last night because I didn't want to be seen to deflect. But on reflection, the privacy advocate in me really needs to get this out: QNAME minimization is a really really bad idea and doesn't do anything meaningful for privacy IMO.
The most privacy sensitive domains are still leaked. DNS queries are still in the clear, including the ultimate specific queries for the domain you want to resolve, observable to anyone who can look at your traffic, maybe including your wifi buddies at the local café.
Then along the way the sensitive names are still leaked to parties you probably shouldn't trust in the privacy-protecting model. For example: Verisign can still tell that you are querying for "oddlyspecificpornfetish.com". Dropping the "www", if there even is one, isn't much protection. In return for essentially zero meaningful privacy protection, you have to deal with all sorts of name resolution problems due to making NS queries. That's not a smart trade-off. I'm not saying the goal isn't worthy though, it is.