Sender: <marv@lancaironline.net> (Marvin Kaye)
To: flyrotary@lancaironline.net
Date: Fri, 31 Oct 2003 22:57:18 -0500
Message-ID: <redirect-2705213@logan.com>
From: Perry Mick <pjmick@viclink.com>
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Subject: Re: [FlyRotary] Mazda Sue????
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Ed Anderson wrote:

>Me thinks this is much ado about little for the individual Mazda Engine
>converter.  On what grounds could Mazda possibly sue  you?  You have signed
>no document that precludes you from using the engine you got out of the
>"Junk Yard" in any way you want.
>
>It makes as much sense for Mazda to sue all the auto types that use the
>rotary engine in drag racers, road racers, boats, air boats, etc.  There is
>simply no legal basis for it.  This is not a case like a software license
>where you don't actually "own" the product but simply use it under license.
>This is a hunk of metal that is yours!  It does not belong to Mazda any
>longer and Mazda has absolutely no say over your use of it.
>
>If they attempt it they would  find themselves very successfully
>counter-suited and they have lawyers that are smart enough to know that.
>They may not like us using the Mazda engine (and I can understand their
>viewpoint), but legally they don't have a leg to stand on.
>
>Now,of course, they could take to task any distributor selling rotary
>engines for aircraft use as a violation of their franchise, but even that
>would not preclude rotary engines in aircraft as most of ours are not
>purchased from any distributor.
>
>No, if  Mazda or the other automakers want to preclude the use of auto
>engines in aircraft, probably the smartest way to preclude that is for them
>to stuff money in lawmakers pockets and get laws past prohibiting such use.
>THAT is what I would be afraid of, not of Mazda coming after me.  But of
>course we could count on our EAA to fight any such effort couldn't we?
>couldn't we?  couldn't we?
>
>Lets see - if I were Lycoming and worried about any auto engine possible
>starting to take away sales, which one would I identify as the most
>worrisome? and what type of rumor would I start to dissuade folks from using
>such an engine?  Cost - No, rotary engines are cheaper by far, Reliability -
>No they are even more reliable.  Hmmmmm? guess I would have to raise the
>specter of  a law suit {:>)
>
>There! my 0.02 and now off the soap box and on to flying more rotary
>engines.
>
>FWIW
>
>Ed Anderson
>
>
>
>
>
>Ed Anderson
>RV-6A N494BW Rotary Powered
>Matthews, NC
>eanderson@carolina.rr.com
>
>
>  
>
Ed, I don't think we have to worry about Mazda sueing us, we have to 
worry about what Mazda may do if it is ever sued by someone's heirs 
after a fatal aircraft accident. I find it almost unbelievable that 
Mazda could ever be found responsible, but court verdicts in this 
country rarely make any sense. Monetary rewards are way out of line, etc.  

-- 
Perry Mick