Non-functional tasks can still remain behind the product, in my opinion - when I used Scrum, we definitely did it. We had to explain to the product owner why they should be considered important, so we could spend time on them. If the owner of the product does not consider that they are very important, they cannot cope - and the owner must live with the results. After a few bites, rejecting your requests for things like stress testing and then it crashes, they will probably come :)
On the other hand, you may find that there are some non-functional requirements that you initially consider important, but can languish without any impact. Sometimes, sometimes, the instincts of the developers are wrong :)
For tasks that are really line factors, I think you just have to be honest with the product owner and insist that you have to fulfill them. If you can’t contact the owner of the product in the amount necessary to continue the project, there are big problems than the lack of user interface design :)
Jon skeet
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