RKittine wrote:What is a IVIC ? Disclaimers are never Iron Clad. I can tell you that from a LONG AGO experience when I owned and ran Mount Ivy Reloading Company, putting out reloaded pistol and custom rifle ammunition to the tune of about 10,000 rounds a week. All our boxes had a disclaimer label, but my attorney said that in the U.S., it would be hard to rely on. And that was in the 70s / 80s.
I tried so hard to have an iron glad disclaimer. Must be working. No lawsuit today.
I try not to have too many disclaimers. Most of them are silly. I've had 5 or 6 threats of legal action against the forum so far, all without sharp teeth or merit. Copyright Infringement, SPA Trademark Infringement (for showing something with a SPA banner on it), Libel & Badmouthing against a former association executive (of interest to some of our members, at some point or another), threats against a former sponsor of the site and some other meaningless drivel that never woke or scared the church mouse. These days I giggle and ignore, there will be time to respond when the actual paperwork/ cease/ desist arrives. Yet, my members write largely uncensored and can post at their hearts desire. Unless its unpaid advertising or seems untrue, its part of debate. Risky, but its not like I can be sued for more than a doghouse. That said: I am legally totally responsible for the complete editorial content of this website. Just not too scared about it anymore.
I think the concern that was posted was that new inexperienced pilots that read the article may take to heart and less about a law suit. A disclaimer, at least says something like, don't try this without being with another pilot of CFI who has done it before, would be appropriate or that the article was published to insure discussion.
Couple of questions and observations, in counter, please.
How many inexperienced seaplane pilots are members of SPA? I mean, real newcomers, green and wet behind the ears, out of Embry Riddle 200 hour aviation wonders? How many people receive the magazine and how many of those read all the articles? Out of those, how many are truly inexperienced and destined to go out and hurt themselves? Everyone with half a brain and a quarter of a seaplane rating can see that the proposed method departs from standard procedure. Those with more recent training are not necessarily flying solo/ renting/ buying and those with years of experience are using tried and true methods. Am I totally wrong with that idea? I mean they could try something new and not go all the way if they sense risk?
I think even young pilots have the brains not to jump into a turning propeller, just because someone wrote that this was fun, in some magazine.
When members write in the magazine or the forum (blog), they are offering ideas and concepts up for peer review and of course, debate. Why would the same people call it "nonsense" and speak down to them like they are stupid kindergarteners? Where else could someone share such ideas? Why do there have to be fear mongering threats mentioning liability insurance for SPA? Its Mark Twombly's responsibility to protect the publishing entity, no one else has that job.
Controversial debate doesn't have to leave people feeling like idiots. The guy ran his way
of doing glassy water landings by his fellow members in a well written, almost humorous way. His article beats the tone of some of the other articles which I used to read when I still had the magazine subscription. SPA and its members should be glad that more than the same 5 people write for the magazine. Its good to have a pulse and signs of life and ideas and debate.
Part of the problem is that too many people take what they see in print as gospel without discussion or checking it out. Kind of like listening to talking heads without getting the full context of their statement.
I understand your point, absolutely.
How many accidents have we had in which the NTSB found the pilots adherence to printed or displayed information as causal to the accident. None. Not once, ever, has someone smacked a plane and then said: "Buuut I kneeew I could do thoot, cuz Blue Hue Dong on xxy.com said it was saaafe!"
(never realized that this guy is jumping in the prop and his hat goes too!)