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Possibly- but regulation can be a good thing within reasonable limits.
Just look at the Federal Aviation Regulations under which the airplane kits devised by Rutan and others are marketed- much less restrictive than type-certificated aircraft and placarded "EXPERIMENTAL".
Of course the Piper Cub which was not only type certificated but MILITARY SPECIFICATION in WWII is only available as a homebuilt kit now, and other aircraft which were developed from kits are now type-certificated, like the Lancair.
Recently the Mrs. and I took a short ride in a Ford Trimotor, one of three still flying. Ours was built in 1929 and noisy as sin. Took off at 90 mph, cruised at 90 mph, landed at 90 mph. Corrugated metal skin and control cables OUTSIDE the fuselage right where you can see 'em!
We've come a long way since then, all right.
Rutan was working on bigger versions of the spacecraft even before the first suborbital flight, the guy plans ahead, no doubt about it.
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