Saturday, August 02, 2008

BMW Oracle heads back to court to force its way as America’s Cup Challenger of Record

[Source: Alinghi] Earlier this week the Appellate Division of the New York Supreme Court ruled in favour of the Société Nautique de Genève (SNG) declaring Club Náutico Español de Vela (CNEV) the rightful Challenger of Record for the 33rd America’s Cup and denying the Golden Gate Yacht Club (GGYC) this status.

After wasting more than a year in litigation and losing arguments, BMW Oracle has gone to court for the second time to force its strategy of eliminating numerous America’s Cup teams entered as legitimate challengers.

Brad Butterworth, team skipper of Alinghi and four-time America’s Cup winner, comments: “I’m disappointed that given the opportunity for a multi-challenger competition as a result of the Appellate Court decision, BMW Oracle has chosen to further delay the 33rd America’s Cup.”

SNG and CNEV have already made plans to organise the most competitive and spectator friendly America's Cup challenger series in history and that despite BMW Oracle’s unsuccessful year-long attempt to preclude competition and turn the America's Cup into a two team duel. BMW Oracle is now attempting to further delay and frustrate the conduct of the America's Cup by filing a frivolous, but time consuming appeal.

BMW Oracle was unable to advance to the final round of the America's Cup in the 31st and 32nd events, having been eliminated in the challenger series on each occasion. SNG and the entire sailing community is offended by BMW Oracle’s attempts to accomplish through expensive litigation initiatives what it has never been able to achieve on the water, which is to be a finalist in the America's Cup.

SNG, by contrast, won the 31st America's Cup by winning the challenger series and defeating the then Cup holder and then successfully defended the trophy in the 32nd America's Cup. SNG seeks to defend the Cup against the opponent who proves the strongest by winning the challenger series on the water. When given the opportunity for a regatta against the Defender Alinghi, BMW Oracle clearly demonstrated its intent to win through legal manoeuvering rather than accept competing fairly on the water.

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At 4:54 AM, Anonymous Anonymous said...

Happy to see yet another un-biased report.

According to the facts, this was that first "losing" argument for BMWOracle and GGYC, not a year's worth as stated in your article.

At 2:33 PM, Anonymous BC said...

"Anonymous" it's a Alinghi press release with a direct quote from Brad Butterworth. It's supposed to be biased.

The best solution for everyone here is for CNEV to remove it's challenge, allow ETNZ to challenge and that will most likely get Larry and Russell to drop the appeal and move to a mutual consent "traditional" AC.

At 2:48 PM, Anonymous Anonymous said...

I heard about a new event about america's cup :
someone knows more ?

At 5:42 PM, Blogger christopher said...

you r right this web site is un-biased
always presenting the respective news releases from both sides;its not an article but alinghi's press release you are commenting on.
In fact Valencia sailing does a superb job;
Fabulous photographs, insightful writing, pertinent interviews with
various racing teams that can not be found any where else and finally
with all the documents concerning GGYC VS SNG.

At 5:56 PM, Anonymous Anonymous said...

Re class-america, see

At 5:57 PM, Blogger folkenbolt said...

As it was expected GGYC is playing its last move in this legal chess game.
Let's hope that after all this sad and boring period someone will put all this stuff back on the water!!
A two boat trimaran challenge is probably the worst way to restart the America's Cup, but, at the moment, it is the only disposable way to try to pull the Cup away from Bertarelli's hands.
Without Ernesto Bertarelli all those shameful events for the world of sailing would never be happened!

At 1:58 PM, Blogger Jeff Aiken said...

As an American who traveled to Valencia for the 32nd AC I am torn between wanting to get this mess resolved and glad it's going to drag out a little longer so that the US$ can recover to make tavel to Valencia possible again. I think Alinghi was clearly cheating by CREATING the challenge from CNEV, on the other hand Larry is a spoiled brat who tries to buy everything.

At 4:15 AM, Anonymous Anonymous said...

To be frank this news item is nothing more than compilation a press releases from Alinghi released at different times. Alinghi is harping on the same thing time and again that Oracle could not reach even final of the previous cup and now trying to win the cup through court case. That is crap, does it make any sense? How can Oracle win the cup through court cases. At the end of the day, they would have to sail on the water for the Cup.
All this has happened due to Alinghi's twisted biased protocol of AC33.

At 12:24 PM, Anonymous Mike said...

"SNG and the entire sailing community is offended by BMW Oracle’s attempts to accomplish through expensive litigation...."

As a member of the "entire sailing community" I am in NO WAY offended by the actions of BMW Oracle. I am, however, offended by Alinghis attempts assume and then to misrepresent my opinions and the opinions that I suspect many others around the world may hold. Alinghi, please retract this statement!

For the record, I have no connections with BMW Oracle, I am simply a sailor and sailing fan who is deeply upset with what is going on in the Amreicas Cup community.


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