Thursday, January 08, 2009

GGYC Cup Newsline, Number 2

Let the Court Decide

This past week, two prestigious yacht clubs - both former Trustees of the America's Cup -and a former America's Cup winner filed "friends of the court" briefs supporting our position to reinstate the trial court ruling that the challenge made by CNEV (the sham Spanish "yacht club") is invalid and to declare GGYC the legitimate Challenger of Record for AC33. Among those filing briefs were the New York Yacht Club, the San Diego Yacht Club, and America's Cup winner Bill Koch. These briefs complement an "amicus" filed last year by Reale Yacht Club Canottieri Savoia (RYCCS) of Naples, Italy and the Mascalzone Latino yachting syndicate. Each of them made powerful arguments.

Other noteworthy events regarding our court case:

On Dec. 5, we filed our reply brief to the New York State Court of Appeals. You can read excerpts on the GGYC website.

On Dec. 8, GGYC Commodore Marcus Young sent a letter to SNG Commodore Pierre-Yves Firmenich officially informing him that GGYC and BMW ORACLE Racing would not submit an entry by December 15, the arbitrary deadline for entering the regatta being planned by Alinghi and SNG. This, he wrote, would be a regatta "without several top competitors and major sponsors, without fair rules, without any regard for 157 years of America's Cup tradition, and most importantly, with [SNG's] continuing reckless disregard for the Deed of Gift."

Commodore Young added, "Rather, we will now focus our efforts and attention on winning our appeal before the New York State Court of Appeals - clearly the only avenue left open to create a fair and competitive challenge that preserves the integrity, prestige and tradition of yacht racing's pinnacle event in keeping with terms of the America's Cup Deed of Gift."

In an interview with AP, Larry Ellison summed up our position, "[T]hey want us to agree to this set of rules, but they won't tell us what the rules are, which is typical of Ernesto . It's crazy."

On Dec. 20, when we finally saw the rules - five days AFTER the deadline for entering AC 33 - we saw why Ernesto was reluctant to share them. Among other things, he and his management group STILL can change the rules at any time AND throw out competitors for any reason. None of the changes in the draft Protocol address the 10 Points in our plan for a fair Cup.

Oral arguments are set for Feb. 10; the court is expected to rule by the end of March.

Enhancing the Appeal of the America's Cup

During a panel discussion on "The Future of the America's Cup After AC32," at the inaugural World Yacht Racing Forum in Monaco, Tom Ehman outlined the six elements "required to enhance the appeal of the America's Cup for fans and sponsors and retain its status as yacht racing's pinnacle event": preserving the integrity of the America's Cup as a challenge race; achieving fair and competitive AC rules; securing participation by all the top teams; cutting cost; incorporating the latest in sailing technology; and making the America's Cup the centerpiece of a robust calendar of international sailing events.

On the Water

In late November, we completed Phase I of the trimaran sea trials in San Diego. We are pleased with the boat's performance, what we've learned, and the skills we've gained. Several media outlets - CBS and ABC in the United States, the International Herald Tribune/The New York Times and AP - visited the base, saw the boat in action and wrote or broadcast stories. We will modify the boat and return it to the water in San Diego later this month.

In mid-December, Larry Ellison, Russell Coutts, Jimmy Spithill and others were in the Canary Islands for the final RC 44 event of the year - the Puerto Calero RC44 Gold Cup. The BMW ORACLE Racing entry, helmed by Ellison, finished second for the match racing season behind Spithill. Our December 15 release has more details. Congratulations to our team and all our competitors!

Finally, two of our boats - USA 87 and USA 98 - are now in Auckland for the Louis Vuitton Pacific Series which will start at the end of this month. Our boats, along with New Zealand's, will enable 12 teams to compete. Ten teams, including BMW ORACLE Racing and Alinghi, have entered so far.

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22 Comments:

At 12:11 PM, Anonymous Anonymous said...

Tom Ehman is a loser!

 
At 2:59 PM, Anonymous Anonymous said...

Mr.Lehman is worthless, an instigator who thinks he can force issues his way. And when that does not happen, he uses his underhanded tactics all the while blocking the rest of the AC community.

BOR is complaining about issues that have long been resolved, they need to wake up and smell the coffee. Its time for BOR (and this Mr. Ehman) to either join all the rest of the teams, or get out of the way. No single team has the right to block the AC for his selfish reasons!

 
At 3:42 PM, Anonymous Anonymous said...

Mr. Ehman seams to be the god of sailing. On the WYRF in Monaco he blamed all challanger as shame challengers. Great approach from him as BOR is the only missing team from the 32 AC and most of the challanging yacht clubs have a far longer histroy than the GGYC.
And again 19 teams have no idea about the AC and the rules they agreed on jointly - only BOR has the God given knowhow.

 
At 3:45 PM, Anonymous WetHog said...

"No single team has the right to block the AC for his selfish reasons!"

But one single Defender has the right to run the event the way it sees fit? The America's Cup is a Challenge Cup. Not a Defender Cup.

 
At 3:56 PM, Anonymous Popeye the sailorman said...

Hoggie, you may chose to live in a sandbox, but to the rest of us its perfectly clear what it means when ALL THE REST OF THE TEAMS IN THE WORLD (and that means euro-Trash poodle teams as well as Asian-Trash poodle teams) have agreed on a fair protocol, have pleaded with BOR to stop the legal nonsense, and want to proceed with the 33rd AC as outlined by Allinghi.

Dont you get it? Whats so difficult to understand? ALL THE REST OF THE WORLD WANT TO GO ON, only the boneheads from BOR (such as Ehman) are blocking the event ......

Take a cold shower, drink some coffee, do something, but spare us the mindless repetition of BOR spin, PLEASE !!!!

 
At 5:14 PM, Anonymous Anonymous said...

Mr. Ehman has lost all credibility (if he ever had some) at the last meeting in Monaco when he accused literally all of the worlds challenger teams to be puppets of Alinghi. Not only is his attitude an insult to the intelligence of the sailing community, but he also a does a great disservice to the reputation of American sailors.

Most people agree that BMWO has missed their golden opportunity to be part of the solution, and are now acting like schoolyard bullies by blocking an event that the AC community wants to see go on - the 33rd AC.

 
At 5:17 PM, Anonymous US sailor said...

Completely agree that BMWO team has their head up their butt. What are they thinking? If everybody agrees on the rules, then what is the prob?

 
At 5:50 PM, Anonymous Anonymous said...

In an interview with AP, Larry Ellison summed up our position, "[T]hey want us to agree to this set of rules, but they won't tell us what the rules are, which is typical of Ernesto . It's crazy."

On Dec. 20, when we finally saw the rules - five days AFTER the deadline for entering AC 33 - we saw why Ernesto was reluctant to share them. Among other things, he and his management group STILL can change the rules at any time AND throw out competitors for any reason.

You call that "fair" ??

Bertarelli is the looser, along with the challengers if they think these rules are fair.

But in all fairness, what matters is what the NYCA rules, which several of you don't seen to recognize.

 
At 6:01 PM, Anonymous WetHog said...

The "REST OF THE WORLD" agrees? And us "Yanks" are suppose to be the self obsorbed ones in all this huh? The China Team letter would refute what you just said. And I bet if the folks from ETNZ aren't to happy with how things are going on with AC33. So what does that leave? Teams from Europe. Imagine that.

I feel both sides are to blame for the mess the AC is in. To lay blame solely on BMWO is ignorant. But is the easy thing to do isn't it?

 
At 6:18 PM, Anonymous Anonymous said...

Let me see if I have this right--Alinghi acts like a school yard bully, and the club that is solely bearing the burden of taking them on is a loser? You people who side with Bertarelli are the real losers, and you are traitors to the spirit of the America's Cup. Wake up!

 
At 6:21 PM, Anonymous Anonymous said...

There is nothing stopping Alinghi and any sailing teams from making up rules and sailing a regatta. They just cannot offer America's Cup as the prize.

The rules for racing for America's Cup are governed by the trust laws of New York State, there is a legal way to change those rules, but none of the people with standing to so have even tried to change the rules to their liking legally.

Wanting to go racing under rules you like and that you think are fair is all well and good, if you control the prize. SNG and Alinghi do not, they cannot change the rules without the consent of the court.

 
At 8:07 PM, Anonymous Anonymous said...

The rules of the AC are being determined by the protocol, and NOT by the trust. The trust lays out some very basic obligations on part of the challenger and the defender as to logistics, who and when locale are determined, etc.

There seems to be misconception here with regard to the trust. The trust is NOT "the rules", the rules are determined by the challenger and the defender before each AC.

As such Alinghi has done something that no other defenmder has done in the history of the AC: they worked out the rules (protocol) not with one challenger but with all challenger teams.

The statement from LE is hogwash, because he should have dropped the lawsuit and entered into good faith talks like ALL THE OTHER TEAMS did. But, LE thinks he is smarter then everybody else; and that's why he will be watching the next AC on ESPN from the comfort of his own home.

 
At 8:40 PM, Blogger Norberto said...

oh my. the wonders of internet anonimity!!!

norberto, the real one, not the alinghi pr clone.

 
At 6:02 AM, Anonymous RHough said...

"There seems to be misconception here with regard to the trust. The trust is NOT "the rules", the rules are determined by the challenger and the defender before each AC."

The terms of the match, courses, dates, can be modified by agreement.

The basic framework is covered by NY Law and just because many people want something different, they cannot just make up rule to suit themselves.

Every defender and challenger or challengers since 1970 has stretched and bent the rules to suit themselves and has done so in violation of the trust.

The AC community needs to learn some trust law ... or call their race something else.

GGYC and SNG agreed to rules that were not deed legal for AC32, but no one called them on it.

Both GGYC and SNG want a multiple challenger event ... under the rules they make up. (Likely in violation of trust law)

Neither one of them want a deed legal one on one match in multi's, but one of them is ready to rumble.

 
At 4:02 PM, Anonymous Anonymous said...

Dear Wethog,
South Africa is not part of europe.

 
At 4:14 PM, Anonymous Anonymous said...

I have one question.. This is to the "real Norberto" and the so called alinghi Norberto.. Would you agree that under the current protocol trying to be reached between the defender and challengers that the racing would be fair and exciting? If you answer "no" could you please try and explain why not. Think hard before answering.

 
At 4:56 PM, Anonymous Norberto the imposter said...

Great question - clearly the answer is YES! And you know why? Simply because ALL THE PARTICIPANTS have agreed to the rules, and that in itself makes them fair. If nobody (registered participants) objects to the rules, how could it be unfair? Seems logical, no?

For a (unregistered and non-participating) party such as BMWO to protest, is misplaced, as they have not demonstrated their intentions. Or, in other words, how could you go to a restaurant and complain about their food, if you haven't tasted it (and haven't paid for it) ???

 
At 5:06 PM, Anonymous WetHog said...

"Dear Wethog,
South Africa is not part of europe."

Sorry. Easy to forget Capt. Sarno's crew sometimes. So three entered teams out of 19 are not from Europe. The "World" according to Euro's is well represented.

In regards to the "fairness" of the potential AC33 racing, I can't think to hard right now on my answer because I am at work so I will bring up one point.

How can it be assured that Alinghi will not un-fairly effect the outcome of the Challenger selection series to benefit them in the AC final? That is the one major issue I have with AC33. The potential is there for Alinghi to race hard against one team and not another in an effort to effect who moves on to challenge Alinghi. Alinghi can say all they want that they will "do their best", but past history of the AC if filled with Defenders doing what they can get away with to win. And that includes Defenders from the U.S.A, New Zealand, and Switzerland.

 
At 10:51 PM, Anonymous the Real Norberto said...

There is also the potential of bad weather, or the potential of no weather at all, or there is the potential that the city of Valencia could fall into the Med and disappear.

Lets stick to reality, and solve problems after they have presented themselves. Fact is THAT ALL ENTRIES have agreed to the rules. That inherently means that the next AC is fair

 
At 11:13 AM, Anonymous Anonymous said...

The Real Norberto said "Lets stick to reality, and solve problems after they have presented themselves. Fact is THAT ALL ENTRIES have agreed to the rules. That inherently means that the next AC is fair"

Realty & fact is that the Deed is the top foundation document. Even in the even ACP is refers to the Deed as the top document. Hence if the Deed is not followed nothing else exists & nothing matters what the challengers agree to & etc.
That is the fact & reality that you need to understand . Let the NYSC make a ruling on CNEV the sham/shame yacht club & let the NY AG make a ruling on SNG being fit to act as a Trustee.

 
At 11:32 AM, Anonymous Anonymous said...

good answers. I tend to agree with Norberto (whichever one you are here). I believe that we must trust that all teams will race their best race. I think it will be clear if any team is holding back and i dont think anyone will want this to blemish what may has the potential to be a great event. Dont foget that from the very first race each team will start to learn how good their design and construction team have done their jobs. The boats will naturally start to evolve as designers begin the process of development. By act 2 it would be like starting all over again. I dont think anyone would have the forsight to sit back and throw a race in this situation. It will be all about learning how fast one can sail against each other team. INTERESTING!

 
At 5:33 PM, Anonymous Anonymous said...

I read one other interesting point a while back asking when does a challenger become challenger of record. the obvious answer is to state that it would be the first club to hand in a challenge. I think the New York yacht club accept that the Spanish club could be accepted as a challenger. Surely that is all they are. If they decided not to accept any other challengers then they would not be challenger of record and therefore accepted as OK by NYYC. Is that correct Tom?sorry i meant Norberto.

 

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