Re: [Paddlewise] Sliding Seat Issues shifting to other issues

Matt:
Thanks for the full reply. I am not persuaded that a restrainer should be
left off, but I'll leave off until there is more information. I am
encouraged by you stating that the sliding seat is easy to move backwards by
a paddler upside down and in the maximum forward position. If that is easily
done, then the need to restrain is moderated, but I think I would still do
it. Someone mentioned another boat  fitted with a sliding seat. Any reports
from Paddlewisers about it?

There are, (of course), a few other issues raised along the way which
interest me.

> ... your Nadgee is in a large part a copy of  the Mariner Max hull (lifted
from the station drawings published in Sea
Kayaker magazine's review and then modified to be even closer to the
Max--upon the advice, about the hardness of the chines, from someone who had
seen and paddled the Max before. Unfortunately, I haven't seen any royalties
coming in from Nadgee sales yet. Perhaps, as a lawyer, you would like to
press my case for royalties with the builder of your kayak.<

How did you determine that the Nadgee is a copy of the Mariner Max hull?
This brings up whether or not there is any intellectual property in a kayak
design. I have made some tentative enquiries and research, and I have not
formed a conclusive opinion on this. In Oz, unless the design is a
"registered design" under local legislation, I don't know of any
intellectual property protection for a hull shape. The plans and drawings
may have copyright, and there is a possible "passing off" action if a
similar boat is created and sold as a "Mariner Max", or pretends to be the
original. The position would differ if the hull shape was the subject of a
patent, but that would be unlikely.
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.
I think there are other lawyers on the Paddlewise list, (whether you like
that or not!). I would be interested in hearing other opinions on this
point. One Australian design was registered for a while, but the
registration discontinued, I imagine because intellectual property rights
are only as good as your pocket is deep in protecting them.

> As to your example of the Nagdee having the whole bow break off in surf,
... Peter, is it also possible that the paddler who broke the bow off his
gear laden Nadgee speared the bottom precisely because he was following your
faulty instructions for how to load his kayak for level trim and it was
therefore too heavily loaded in the bow (relative to the stern)? Perhaps, as
a result, of faulty trim his Nadgee dove under far too deep far more easily
than it should have ;-)<
No, not possible, the advice is impeccable, and Dave would not be taking
advice, he would be giving it :-)!

>You are being pretty rigid and judgmental for someone who hasn't even seen
the seat system much less had any experience with it.<
In fact, I am open minded about all these issues. Paddlewise would be a
useless forum if any critical or questioning thoughts become the subject of
personal attacks, especially from the conga line of sycophants starting to
form down at the Columbia River.
Cheers, PT
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