dpkg -L on hardy doesn't list /etc/fail2ban.conf here. Don't know where
you got it.
The information in fail2ban.conf is not contradicting, the default files
have nothing in common (fail2ban.conf and jail.conf), and surely users
need to read the manual before trying to configure something like
this..
** Changed in: fail2ban (Ubuntu)
Status: New => Invalid
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fail2ban configuration ambiguous
https://bugs.launchpad.net/bugs/267087
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