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From: John Winters <jdwinters_at_eastlink.ca>
subject: [Paddlewise] Design copies
Date: Sat, 07 Aug 2004 11:17:28 -0300
Peter Treby has asked to take this discussion off list so I will respect his
wishes and not respond to his posts. Nevertheless this issue raises some
important points that deserve consideration. In the Society of Naval
Architects and Marine Engineers we have a code of ethics and this issue
touches on that code.

The first issue has to do directly with ethics. When you buy a boat you
should be able to assume that the builder has high enough ethical standards
to do his or her own work. It should  concern you as a consumer to know if a
builder has made use of another's efforts without proper compensation or
recognition. You might want to wonder where else the builder cut corners.

The second issue has to do with the damage such rip-offs do to the original
designer/builder. The builder who copies a boat saves an enormous amount of
money and time and he can market his boat for less money. As a result the
original designer or builder will suffer a corresponding loss in sales. At
some point the designers doing original work will begin to wonder why they
should bother when their just due - profits - end up in some one else's
pocket.

The third issue has to do with false advertising. Some builders claim their
rip-offs are
just like the original (Matt has documented such a case and I have similar
experiences) when in fact they may have made serious mistakes in the copy.
This kind of thing harms the original builder who must now cope with a
poorly copied boat hurting the reputation of his own boats. After all, if
the copy is the same as the original the original must be equally bad. The
argument that a poor copy is not a copy is fatuous.

The argument often made for copies and near copies that they improve  the
breed is specious. Any designer with integrity faced with competition that
has superior characteristics will attempt to create a boat that performs
similarly or even better using his own approach. Given the infinite range of
design variables designers have no reason to copy anyone. There are many
routes to the same end.

Whatever your opinion on the Max/Nadgee issue you should consider why it has
become an issue. Splitting legal hairs may provide a lot of entertainment
but whether the Nadgee is "not close enough" to be a copy" or "Too close"
may be less important than the fact that it is close enough to cause
controversy. Knowing the similarities and magnitude of the similarities that
constitute design theft can prove valuable to the consumer because they
reveal more about the builder than the boat.

Of course , if you don't care ...........


Cheers

John Winters
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