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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
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