In truly shocking news, the High Court of Australia found in a long-lasting lawsuit between John Swarbrick and his former employees
Trevor Rogers and Benjamin Warren (as well as others who acquired
Swarbuck's molds by means uncertain) that John Swarbuck's design of JS9000 sportboat was not "a work of artistic craftsmanship" because John was constrained by functional considerations such as how to make the boat go fast.

According to the court, for the designer the "visual appeal was secondary to the functional aspects of a sport boat of high speed." Since you will not find a designer who draws a boat without functional considerations, the door has now been opened by the High Court of Australia to generate a cottage industry of thieves of boat designs. Unless you register your design in Australia, of course, which could generate a nice revenue stream for the government. Or get a better lawyer.

Read the court's decision here, and join the Sailing Anarchy discussion here.

05/01/07