There’s discord in the motorcycle training family. Team Oregon, a cooperative partnership of OSU and ODOT, had previously used the curriculum for a course developed by the MSF. That course was revised and renamed the BRC. Believing that the revised course did not meet the needs of Oregon riders, Team Oregon developed and implemented its own curriculum, the BRT course. The MSF alledges that Team Oregon appropriated MSF intellectual property and is threating to sue Team Oregon.

Team Oregon is the only organization currently certified by ODOT to provide motorcycle training in the state. That certification allows a successful graduate of the Team Oregon BRT to obtain a motorcycle endorsement to his/her drivers license without taking the DMV skills test.

In November, BikePac of Oregon posted a news item (second item on the page) on it’s web site noting that the MSF has petitioned ODOT to have their course certified. The MSF’s submission includes their evaluation of the MSF program compared to Team Oregon’s program. The critique features a condemnation of Team Oregon and the methodology of Oregon’s study of rider training in the state.

I find the MSF condemnation both interesting and questionable in light of the fact that Team Oregon’s program is the best in the nation according to the NHTSA (article in the Corvallis Gazette-Times).

Furthermore the MSF seems to be muddying the water in other states. CDOT was studying the Team Oregon curriculum. According to Terry Howard in a post on the ABATE of Colorado website, the state has discontinued that review and consideration of the Team Oregon curriculum until all legal matters in Oregon have been resolved. “After discussion with folks in Oregon,” Terry writes, “what legal matters are present?? Per a conversation with BikePAC of Oregon, nothing has been filed by MSF against anyone. Threats? It seems our government [the state of Colorado] is bowing down under the pretense of “maybe” they will be sued.”

Terry adds “Earlier this week, we spoke to an attorney [who serves as outside general counsel to MSF]. He informed….that MSF has previously asserted a plagiarism claim against Steve Garets of Oregon State University/Team Oregon. MSF has also notified OSU/Team Oregon of it’s intent to pursue claims against them arising from MSF’s allegations that Team Oregon has misappropriated MSF curricular products in preparation of the Team Oregon’s BRT curriculum materials. Subject to approval of the MSF Board of Directors, MSF is prepared to assert claims against OSU/Team Oregon for copyright infringement, violation of the federal Lanham Act, common law misappropriation and/or a governmental “takings” claim. MSF has deferred legal action pending a decision on its request to the Oregon Department of Transportation for approval of MSF’s Basic Rider Course curriculum in Oregon.”

Terry continues, “What is this? Sounds like leveraging, or maybe we could call it blackmail? [The MSF outside counsel] goes on to inform us, and later confirmed in writing, that MSF will pursue the same legal claims against states, entities, or persons that use “misappropriated BRT curriculum outside of Oregon”.

Well Terry, I don’t know if it is blackmail but something is awry when one non-profit organization starts threatening another. Both organizations are dedicated to increasing motorcycle safety through education and training. Now it seems that some of the money that should be spent to that end may wind up being diverted into lawyer’s pockets. Oh, goody…that’s just where I wanted my tax dollars and contributions to go. <irony off>

Does the MSF have its nose out-of-joint because the Oregon program is so highly regarded? Are they jealous? Is Team Oregon taking money that the MSF thinks should be theirs? Or do they have a legitimate beef? I don’t know but I hope this is resolved soon and without lasting rancor. Both organizations do good work and that is what they should be doing—working, not litigating.