Message-ID: <3FA326CB.2040106@earthlink.net>
Date: Fri, 31 Oct 2003 19:21:47 -0800
From: Dale Smith <timepilot@earthlink.net>
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To: Rotary motors in aircraft <flyrotary@lancaironline.net>
Subject: Re: [FlyRotary] Re: FW: [c-a] engines Mazda Threatens to Sue?
References: <list-2704971@logan.com>
In-Reply-To: <list-2704971@logan.com>
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Marvin Kaye wrote:

> Posted for "Perry Mick" <pjmick@mail.viclink.com>:
>
>
> Sounds like this Mazda rumor is false. I also have known the Mazda 
> Lawyer for about 10 years now. Nice guy, very active in SoCal EZ 
> aviation.
>
> I have concerns that should Mazda ever be sued because of an aviation 
> accident, it could be bad for us experimenters and for Mazda, even if 
> they successfully defend it.
>
> I would like to propose some things:
>
> 1. Remove the Mazda name from the engine. I know this is not very 
> practical, since it is machined into every rotor housing. Any ideas on 
> this one?
>
> 2. Remove the Mazda name from websites about your project. I recently 
> did this to mine, referring to the engine as "Rotary 13B".
>
> 3. When you get your airworthiness certificate, on the application 
> form for engine make, put your name instead of Mazda. I did this at 
> the recommendation of my DAR. He said some homebuilders do that even 
> with Lycoming engines, especially if the engine is modified. Keep the 
> word "Mazda" out of your operations manuals, FAA paperwork, etc.
>
> 4. Tell your wife/heirs that in the event you should die in your 
> rotary powered creation, please do not hire an ambulance chaser to sue 
> Mazda. Can something like this be put in your will?
>
>
>
>>>  Homepage:  http://www.flyrotary.com/
>>>  Archive:   http://lancaironline.net/lists/flyrotary/List.html
>>

Guys, there are two ways of looking at this.  The first above, Mr. Kaye 
& Mr. Mick, should you accept your rotary assignment, & in the event you 
should be captured or wrecked ... disavows all knowledge thereof of your 
existence & seems to be a Mazda lawyer's fondest dream.  But what do you 
get in return?   Don't get me wrong, I like the paperwork tip 
especially.  Good idea.

But the second way is to work with Mazda ... even if "under the table" 
... so that our homebuilt aeronautical conversions (that are for always 
and forever "de facto" Mazdas anyway) would reflect well upon the 
company instead of negatively.  Hell, they even have a loose "M" logo 
hat looks more like a bird in flight than an alphanumeric character, 
anyway.  Zoom Zoom and all that crap.  It is impossible for them to stop 
it, so why not embrace it? Even capitalize on it!

 Just think of the commercial  - a camera flying down a line of aircraft 
(mostly RVs of some number, but a couple of canards) - the voiceover - 
"These pilots do more than just depend on their Mazdas, they bet their 
lives on them." Are YOU interested in this kind of reliability?   Four 
planes leaving smoke trails doing acrobatics make a crossover that fades 
to the Mazda "flying M logo" ...

For the price that they spend on a single commercial, they could send us 
all a tuned manifold, & access to Mazadatrix racing quality parts at 
their (sponsored racing) reasonable prices, and open up an "ombudsman" 
to assist builders.  A local Mazda employee might jump at the chance to 
hang around the airport and maybe inspect (and critique through their 
engineering dept.) an installation upon request.  How may first flights 
per year?  Maybe 6 or 8?  Should not overburden them.  Probably 50 times 
that many people race their cars!   If they don't want to "rain on us", 
at least bring us all in under their umbrella.  Would cost them very 
little to go positive. 

Screw the lawyer/liabilty/lawsuit bullshit.  Where is the creativity 
there?  Racing is a lot more dangerous, and even it is not that bad.  
Whoever dreams to fly with their powerplant, is paying them the ultimate 
compliment, by entrusting his life to their engineering excellence and 
technology.  This person is NOT looking to sue them!  These are the 
"superfans" that go to Sevenstocks ... why not help them make you look 
good.  Do you really want to antagonize your "hard-core base"?  These 
people sell for you "word of mouth", by just being what they ARE, for 
free!  Most drive Mazdas as well as fly them.  They don't cost you ... 
they PAY!

This Mazda lawyer homebuilder could be the perfect liaison.  Have him 
present this to the Mazda brass ...

FACT:  A growing number of people are going to be using Mazda based 
rotary engines in homebuilt aircraft, whether Mazda likes it or not.
WHY?  Reliability, simplicity, & high HP output at sustained continuous 
high RPM.  Same selling points as autos. (almost)
OPTIONS: Pull an RIAA and sue your customers ... but this is not a great 
way to make MORE customers ... just think of the bad publicity, or ... 
turn it around.
CONCLUSION: You can be with us or against us, but one way reflects 
better on Mazda, so why not help us out?  if so, .... I'll sign!  Let 
the lawyers have their field day with clauses, covenants, codicils & 
conditions if they are so scared of aviation liability ... but just ... 
why not ... dare to fly?  Ford is sponsoring the Wright Bros. centennial 
of flight celebration this year with big bucks... why not let their 
junior division press on into the 2nd hundred years by spending just a 
few?   Too many good augments right now, ... the time might be wright 
(sorry, couldn't resist that) ...

Even information.  A simple Japanese - English translation of Mazda 
archives, and access, would open up a gold mine of research and study.  
Make the deal with the devil, sign whatever it is they want you to sign 
if they will actively assist, rather than resist us  ... in making them 
proud !   Tell Mazda not to work against itself!

Off my soapbox now,

Dale Smith