There never is a connection between the previous manufacturer; plan seller or material supplier only to the previous liability. ----- Original Message ----- From: "Max Hardberger" <mhardber...@admiraltyassociates.com> To: "KRnet" <kr...@mylist.net> Sent: Tuesday, March 09, 2004 1:34 PM Subject: Re: KR>Rand/Robinson Engineering--Assumption of Liability
> Regarding the assumption of "25 years of liability," and without offering > legal advice, one would assume that if a company wanted to buy the rights to > sell the plans to the KR series, and to build kits to these plans, the > company would not "buy" Rand-Robinson Engineering, but would instead buy > intellectual property (consisting of the plans) under the aegis of a new > company. This company--to my mind, and without researching the issue--would > not be assuming any liability for previously sold kits and plans, since > there would be no connection between RR and the new company except as vendor > and buyer of the IP rights. Of course, the new company would have liability > for its own negligence in selling the plans, but this cannot be avoided in > any case, regardless of their source. > > Regarding the similarities between the "original" KR aircraft and any > aircraft sold by the new company, I would further assume that the new > company would do its own research and testing, and would draw from the 25 > years of experience that KR builders now have. This would almost certainly > result in at least some changes to the original plans, an opinion reinforced > by the many successful modifications that builders have made to these plans. > The changes would probably be incremental rather than fundamental, but they > may well result in a craft different-enough from the original KR's that it > could be marketed under a new name, as has been noted in previous posts. > > With all that said, and with the understanding that RR may still be > overvaluing its property, I believe that a viable aircraft project could be > undertaken with the KR as its basis. RR should remember that it would not > take much modification for the new company to be able successfully to defend > itself against an IP suit. If RR really did want to sell the rights to the > plans, it should negotiate accordingly. > > Max Hardberger > Admitted in California Only > > > _______________________________________ > to UNsubscribe from KRnet, send a message to krnet-le...@mylist.net > please see other KRnet info at http://www.krnet.org/info.html
