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From: Matt Broze <mkayaks_at_oz.net>
subject: Re:[Paddlewise] Sliding seat issues shifting to other issues
Date: Fri, 30 Jul 2004 19:29:41 -0700
Peter asked:
<snip>
>>>>>How did you determine that the Nadgee is a copy of the Mariner Max
hull?<<<<<

I saw it in the distance at the 2002 West Coast Sea Kayak symposium. It was
obvious at about 50 paces. The only question in my mind upon closer
inspection and talking to the owner (who had liked on a vacation to Oz and
had imported it to our area) was just how the copying had been done.
I suspected that it could have been done from the "plans" (the cross
sectional drawings) in Sea Kayaker, but there was one problem with that.
Those drawings don't show the chines as hard as they actually are on the Max
and the Nadgee had the Max's very hard chines in the stern as well. At that
time there was no Max that I knew of in Australia or NZ. I made some
inquiries and learned that I was right about the source and learned further
that the chines had been later changed to be more like they really were on
the Max.
I was joking about collecting royalties. My understanding is that recently
the law has been changed to allow "design patents" for boats but the law
isn't retroactive to cover existing designs such as the Max. I contacted the
builder and told him that if he planned to do any importing into the US that
I wanted the first chance to be the distributor. He said he had more
business than he could handle in Australia and had no such plans.

Peter wrote: <Snip>
>>>>>If the hull shape of your boat is copied, and the boat sold under some
other
banner, or not sold at all, just used privately, I question any infringement
of rights. No issue of royalties arises. That is not a bad position, since
it allows free development and improvement of designs.  The Nadgee is being
copied by a couple of amateurs at present.<<<<<

Spoken like a lawyer. To use someone else's design (or a boat they
designed--without mutually agreed compensation) as the basis for making
modifications (whether improvements or not) is theft of the time and effort
of the original designer. Maybe not by the letter of the law. While in the
past there may have been little the designer can do legally, they have had
their hard work converted to the enrichment of the person stealing their
original design. It is dozens of times harder, physically, to start from
scratch to design and build a boat than it is to take someone else's entire
design and make a few modifications. The mental work hours that went into
the ripped-off design may be far more than the physical hours. Since the
copy-cat didn't do the mental work in the first place (and as a result is
unlikely to have nearly the same understanding of the original) it is very
unlikely that the result will be an improvement on the original.

I'll bet the Nagdee builder doesn't appreciate the copies made by the
"amateurs", but I guess as they say over here, "what goes around, comes
around". He certainly has no grounds to complain.

The next year at the West Coast Symposium I got a chance to paddle the
(privately owned) Nadgee that I first saw the year before. I was surprised
at how much difference there actually was in the handling (relative to what
I had expected, because they look so similar). The Nadgee is much stiffer
tracking than the Max when level (31 sec. 180 turn vs. 21 sec.) and somewhat
slower turning when leaned up enough so water is not quite yet on the
spraydeck (12 sec. 180 turn vs. 9 sec.). There just wasn't the same
sportiness and this would likely also make the Nadgee harder to turn up into
a high wind than the Max, especially for a less skilled paddler who is
unwilling to lean it much while turning.

Peter, look at the vertical hull picture of our 1985 design, the Mariner XL,
in the "Kayaks--Mariner XL" pick-box on our website. The XL was the
predecessor to the Max. Does that formerly unique hull bottom, rib keel,
hard chine, and radical Swede-form shape look a little familiar to you? If
so, then the Max hull should look even more familiar than that one.

Matt Broze
www.marinerkayaks.com
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