Friday, November 14, 2008

BMW Oracle replies to Alinghi's court filings

Related PDF DocumentsSNG Brief 13-11-2008

CNEV Brief 13-11-2008

Amicus brief from the City of Valencia 13-11-2008

Amicus brief from Team French Spirit, Argo, Green Comm, Shosholoza and AYRE 13-11-2008


STATEMENT OF
TOM EHMAN
SPOKESMAN, GOLDEN GATE YACHT CLUB
IN RESPONSE TO SNG’S NEW YORK STATE COURT OF APPEALS FILING
Nov. 13, 2008

It is important to keep in mind why GGYC is fighting this case. We are fighting an attempt by SNG to circumvent the rules of the America’s Cup by installing a sham yacht club as Challenger of Record in order to create an unfair protocol that gives it unprecedented and lopsided control of the contest.

We are in no way fighting to exclude other challengers from the America's Cup, as today's SNG court brief falsely alleges. In fact, we were compelled to begin preparations for a default match in a multi-hull solely because of Alinghi's refusal to negotiate with us toward an AC 32-type protocol. As we have consistently and publicly stated – and made abundantly clear to Ernesto Bertarelli – it has always been our intent to negotiate a conventional multi-challenger regatta with fair and competitive rules.

To underscore just how unfair and anti-competitive Alinghi’s AC33 rules are:

-The Defender, through ACM (the management company controlled by Ernesto Bertarelli), can change any of the rules at any time and can impose any new rule or restriction on the competitors. They only need the agreement of CNEV, the Defender’s compliant Challenger of Record.

- None of the Challengers, except CNEV, has any vote on any matter. Moreover, CNEV is specifically exempted from acting on behalf of the other Challengers.

- For the first time ever, the Challenger Selection Series is under the complete control of the Defender.

These and other fundamental fairness issues have not been addressed, and as a result several major contenders and a major sponsor have been driven from the event.

Our position remains clear: we will drop our lawsuit if SNG adopts fair and competitive rules for AC33. Otherwise, we will vigorously pursue this case and we are confident we will prevail.

Labels: , ,

25 Comments:

At 11:04 AM, Blogger folkenbolt said...

Keep on fighting guys. Sooner or later the Court should decide something and I hope that this "something" would be good for us.
If we let go on this unfair Bertarelli's attempt to "own" the Cup, the Cup itself would soon "die" by his hands.
Let's go back to the "Deed of Gift".

 
At 1:08 PM, Anonymous Anonymous said...

What would be the advantage for Bertarelli if the Cup dies in his hands?

 
At 1:13 PM, Anonymous Steve Lobsinger said...

Tom Ehman's Statement?
Like in "Welcome to Tom Ehman's Saturday Night Show"?
Hehehe... he really should send those Press Release to Comedy Central!
Really good lines buddy!

Oh, no, wait a minute, I get it now:
So supposedly Tom is doing this show by his own, yeah, as true as Santa Claus exists!

Though in fact, he's just preparing the terrain for whatever happens in the near future (like BOR losing the case once again!), so Larry can always come back and say: "Ernesto, let's negotiate! Oh, that crap, no, no, that wasn't me. That was Tom barking! He's such a naughty little Chihuahua this Tom Ehman!"
... very smart move, Larry Ellison.
Still trying to come out clean after the big mess you've made?
Gotcha!

 
At 1:24 PM, Anonymous Anonymous said...

Folkenboat. Can you explain why all the entered teams consider the meetings and discussions that are now taking place to be fair and democratic. Can you honestly say that the Oracle is doing this for the good of everyone. Is it not possible that RC and TE and LE are only looking out for their own interests?

 
At 1:41 PM, Anonymous Anonymous said...

I cant wait to see Norbertos comments on this one.

 
At 3:32 PM, Anonymous Anonymous said...

The only thing that comes out of the self serving legal posturing of BOR is a disruption of the AC community just like the world financial markets. The USA have an uncanny ability to self destruct because of their unlimited greed.

 
At 4:34 PM, Anonymous Anonymous said...

Is that the best Bertie has got? He's going down for sure, this case is far too weak.

The final court decision will be no surprise.

 
At 7:14 PM, Anonymous Anonymous said...

It's a Challenge Cup yacht race that is governed by a trust & not a yacht race you can go & bast**dize into the F1 like EB & his poodles are trying to do. It's time to get back to what the trust is all about vs trying to go commercial.

If EB & his poodles want to go commercial, to save all these poorly financed AC teams, to save Valenica from financial ruin & etc, go start another race but leave the AC alone as intended it to be.

Again, the AC is a trust, it's as if George L. Schuyler was still here looking over the AC. If you don't understand that the wishes of a man hundreds of years will be broken & the AC as we know it will die.

 
At 9:29 PM, Anonymous Anonymous said...

BORING.... Your argument may have held some credit this time last year but it is now complete bs. What gives BOR any right whatsoever to make an argument. They have never won anything on the water.It is up to the defender and challenger of record to agree on proceedings.If BOR do not agree that CNEV is a valid challenger, then fine but why on earth should anyone listen to BOR now. They are simply another sailing team/club and if they want to race should follow the same rules as any other team. No one wants their so called help except MC so what can honestly be their motive here. Its all rubbish and just childish tantrums because they have not been able win on the water... ITS Pathetic.

 
At 9:31 PM, Anonymous Anonymous said...

Hey Steve - I think you're totally off base in your assessment of the situation.

Who ever said TE is doing this on his own ??

Do you also think LE built DoGzilla on his own too ?? You must.

I suppose you also think RC is acting independently as well.

The person responsible for creating this mess is EB, the screwed up 33rd protocol he is trying to force on everyone, and his behind the scenes involvement with CNEV, the puppet CoR which is about to get bounced, along with the protocol as currently written.

 
At 9:38 PM, Anonymous Anonymous said...

So is it true to say that Tom, Russell and Larry consider that not one of the distinguished individuals that has taken the step to sit in these meetings is inteligent enough to discuss and mold the way the 33rd cup should be run? Can they honestly say that only they have the right and integrity to make those decisions?? Come on. Seriously thats a bit harsh wouldnt you think?

 
At 2:07 AM, Blogger Norberto said...

1:41 pm anonymous. you'll have to wait a little longer cause i'm pretty fed up of all this ac bs. i never said larry was the good guy, but ernesto bertarelli is doing a fantastic job in making the bad guy of himself.

once more i defy you to act as man (or woman)and stop hiding behind your coward anonimity. show up here with your real name.

 
At 3:08 AM, Anonymous Anonymous said...

"In fact, we were compelled to begin preparations for a default match in a multi-hull solely because of Alinghi's refusal to negotiate with us toward an AC 32-type protocol."

What a crock of shit. BMWO employed VPLP within days of submitting their challenge in July 07 and began designing a tri immediately afterwards.

Tom Ehman saw an opportunity to get a one-on-one match and went for it, and now that the strategy has backfired and the other challengers are turning against him, he is claiming that he was only working in their interests all along.

I think your pants are on fire Tom.

 
At 8:09 AM, Anonymous Anonymous said...

Mono hulls should just fuk off and die we want multi hulls on the water they ownn mono`s and the whole general public will agree mono hulls are just tooooo fuking slow and fuking boring

 
At 10:16 AM, Blogger folkenbolt said...

"What would be the advantage for Bertarelli if the Cup dies in his hands?"
The "Deed of Gift" says that no one could ever "own" the Cup.
It has to be constantly risked under FAIR rules in a challenge between gentlemans.
The advantage for Bertarelli from making "The Cup" stay in his hands as long as possible, is that he can always avoid risking it in a "real" challenge and , so doing, he can earn money by selling the event's copyrights to sponsors and TV networks around the world ...... virtually ..... FOR EVER.
Simple.

 
At 10:24 AM, Anonymous Steve Lobsinger (Canada) said...

To Norberto:
How can you blame others about their coward anonimity when you use a nickname linked to nowhere?
You're pathetic Tom, I mean, "norberto"!

 
At 11:31 AM, Anonymous phil said...

Hey folkenbolt, trying to make the world believe that Alinghi won the cup twice in unfair "non real" races is a little bit too much in my humble opinion.
Let's also remember that on the previous cup BOR was the CoR who created the protocol with Alinghi.
No competitors meetings at that time!
Where was all this new "you're not democratic" propaganda back then?
BOR didn't seem to complain then.

Besides, who did already 'kidnapped' the cup "for ever" as you say? The Americans had it for 150 years because of the unfair protocols and the infamous "bring your boat sailing across the ocean" rule!

Last but not least, affirming that it's wrong to sell the TV rights is just so childish... mainly when all the previous challengers (including BOR) got a piece of that cake when ACM shared the benefits with them.
Let's be more accurate here, please.
This is not politics, this is about a sport.
Let's don't lose it!

 
At 3:24 PM, Blogger folkenbolt said...

"Folkenboat. Can you explain why all the entered teams consider the meetings and discussions that are now taking place to be fair and democratic. Can you honestly say that the Oracle is doing this for the good of everyone. Is it not possible that RC and TE and LE are only looking out for their own interests?"
There's no other discussion going on at the moment, so no one of the "entered teams" has any other alternative.
Definitely is possible that Russell Coutts and all the others are doing all this for their own good, but I think that their own interest is now indentified with the one of a fair and sporting competition.

 
At 7:22 PM, Anonymous Anonymous said...

... it's easy for a yachtclub/competitor to enter and accept whatsoever rules if your intention is to participate with minimum effort and expenses while excluding real commitment to come even close to winning the cup. This is a good min/max marketing strategy and/or for entering the cup environment as newby for learning and preparing for future moves. At the same time it may facilitate life offering various "opportunities/benefits" through behind the scenes diplomatic collaboration with a defender open to any "support" in a not too strong position.

 
At 11:31 PM, Blogger folkenbolt said...

Answering to Phil.
1)The main reason for the BOR's legal action is not properly to go against the rules, but to stop the CNEV's role in representing all the Challengers.
Is the spanish syndicate's attitude too prone to SNG's decisions and requests that is been put under discussion.
A Yacht Club without is own history, not enough indipendent money incomes and no other reason to exist but to say always "yes" to every Bertarelli's order, can not be the leader of all the other Yacht Clubs in AC.
2) USA did not kindnap the Cup. Every Yacht Clubit that had it, winning ii in regular challenges, has risked it every 4 or 5 years for more than a century against Britannic challengers.
3) If you "own" the cup you can always decide which part of the "cake" is to "share".
If you have a syndicate "wlthout" money like the CNEV, representing all the challengers, you have just one dog to feed to control all the flock .... if you know what I mean with "flock".

 
At 1:34 PM, Anonymous Andrés said...

Folkenbolt, trying to mske us believe that the spanish challenge is just a bunch of homeless guys is a malitious theory that falls in pieces.
Their budget for the previous campaign was bigger than the one ETNZ had.
And on the sport side, the spanish finished AHEAD of BOR!
That plus the intention of making another AC in Valencia makes them as legitimate to be CoR as BOR or Alinghi could have been in the 2 previous campaigns.
... and now that you talk about possible 'behind the scenes' dirty maneuvers, wouldn't you like to put some light on where was that donation coming from? Yes, the one that allowed ETNZ to hire one of the most expensive lawyers in the US, when they were facing bankruptcy, just to open another front in this war against Alinghi.
And you dare to call others un-sportive? Wow Folkenbolt, you just earned the same credibility norberto has! Good on you.

 
At 6:25 PM, Anonymous Anonymous said...

Bertarelli is using the Cup to hold a gun to the heads of everyone who wants a job out of racing for it. "Race under my rules or don't race." Problem is, he's not allowed to set the rules, that's not what the Cup is about. That's the problem BOR is trying to correct.

The fastest way to get the train back on the track is to go to Bertarelli and tell him to come to terms. BOR isn't asking anything unreasonable that all challengers would not also benefit from. EB needs to hear that, the poodles just need to grow some damn balls and tell him the obvious straight to his damn face.

 
At 8:14 PM, Blogger folkenbolt said...

I've never said that CNEV is a "poor" syndicate, i've just said it has no "independent" way to financial resources.
They've finished the competition ahead of BOR with the strong help of some strange decision of the jury to "re-play" the most important regattas against the weakest opponents, if you well remember.
But, you know, we can continue to argue about all this matter for years and probably we'll remain on our respective opinions about all this situation.
At the moment, we can only wait for the Court's decision and then see what happens.
I just keep on thinking that if the holder of a trophy, that should be continously risked and never "owned", can continue to establih his preferred rules, to choose the challenger's representing that he wants and moreover to designate the "referees" of his game, the competition itself will soon lose all its glamour for every kind of opponent and probably all the interest that it has provoked up to now in the audience around the world.
In this sense, I say, the America's Cup will die in the hands of his last winner.

 
At 8:32 PM, Blogger folkenbolt said...

I've never said that CNEV is a "poor" syndicate, i've just said it has no "independent" way to financial resources.
They've finished the competition ahead of BOR with the strong help of some strange decision of the jury to "re-play" the most important regattas against the weakest opponents, if you well remember.
But, you know, we can continue to argue about all this matter for years and probably we'll remain on our respective opinions about all this situation.
At the moment, we can only wait for the Court's decision and then see what happens.
I just keep on thinking that if the holder of a trophy, that should be continously risked and never "owned", can continue to establish his preferred rules, to choose the challenger's representer that he wants and moreover to designate the "referees" of his game, the competition itself will soon lose all its glamour for every kind of opponent and probably all the interest that it has provoked up to now in the audience around the world.
In this sense, I say, the America's Cup will die in the hands of his last winner.

 
At 11:01 PM, Anonymous jose casanova said...

Guys;

I dont know if by any chance get hurt of whats happening with the Cup, other than not having the cup on water at all. What is happening to me, might be the scenario of a lot of other individuals representing countries around the world that are trying to create efforts within the cup spectators to attrack them to our shores (6million spectators on site - 6 billion on tv, internet and else). The thing is that stopping this effort, for whatever reason, justiifed or not, is hurting much more than a cup, is hurting countries, relations, workers, companies and so on.

What we all want buttom line is to have them on water, I encourage you guys to start proposing scenarios that might help all to move formward, not to keep on talking about teams and owners strategic moves but to start building hope within spectators community, requesting as fans, the event in the water NOW.

Caribbean region looks forward...

 

Post a Comment

<< Home