Nonsense, on so many levels that I can't even believe you said it.
It's irrelevant anyhow - if it makes you happier, imagine I employed GMC to build me a new frame, got brand new closed chamber forks and shock directly from Showa/Kayaba/WP/Marzocchi. New plastics from UFO. New PWK from Keihin. Etc. Making it a thoroughly modern 2013 Evo bike all the way.
The KTM-based example was used to demonstrate how it would be easily possible, and isn't purely out in the realm of hypothetical.
Ah Nathan, it must be truly wonderful to live in a fantasyland so utterly devoid of any semblance of reality..
What you're describing is a kit bike - you're building nothing but a frame to which you're bolting already existing non-Evo legal components.
Who's manufacturing your drum brake hubs for you? Or are you going to use second hand components?
Shock directly from Showa/Kayaba/WP/Marzocchi. You can do that already. Or get a custom shock from one of the many existing purveyors of quality VMX shock absorbers around.
Brand new closed chamber forks directly from Showa/Kayaba/WP/Marzocchi. I would imagine that if they've already been used on a production bike that isn't currently Evo legal, then you'll have a problem getting them through scrutineering.
Are you going to sign that licencing agreement with KTM/Honda/Yamaha to rebrand their motor to your SexMax brand? If you rebrand the motor without the licencing agreement, they'll sue you out of existence.
If you just remove the water jacket and add fins to a KTM/Honda/Yamaha motor? It's not eligible as it's still just a modified non-Evo motor.
If you do sign a licencing agreement (for much money I would imagine), then unless you get them to design you a new motor from the ground up - it's just a copy of an existing non-Evo motor and again, stands little chance of passing the first scrutineering it's taken to.
Not to mention the whole homologation issue - how many bikes need to be produced to be considered a production vehicle? 200 or so?
But apparently it's Nathan who loves to argue over everything?
Well it certainly does seem that way......