Thursday, April 02, 2009

NY Court of Appeals rules in favor of BMW Oracle

Related PDF DocumentDecision of the NY Court of Appeals
The long-awaited decision has just been made public. The 6 judges of the NY Court of Appeals decided, unanimously (6-0), that the Société Nautique de Genève (Alinghi's yacht club) was wrong in accepting the challenge presented by Club Nautico Español de Vela (Desafío Español's newly-formed yacht club) because it hadn't held its annual regatta BEFORE the moment it presented its challenge.

To cut a long story short the judges state that "Today, we are called upon to reexamine the Deed of Gift to determine the eligibility criteria for a Challenger of Record -- specifically whether the phrase "having for its annual regatta" requires a yacht club to hold an annual regatta on the sea prior to issuing its challenge (Deed of Gift, October 24, 1887, ¶ 4). We conclude that it does. You can read the entire decision in the attached PDF file.

What does that mean? Golden Gate Yacht Club (GGYC) is now the Challenger of Record as per Justice Cahn's first decision, since his order has been reinstated. As a result, Alinghi and BMW Oracle will now face each other, 10 months from now, in a venue that Alinghi will choose.

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24 Comments:

At 3:15 PM, Blogger Jeff Aiken said...

This comment has been removed by the author.

 
At 3:16 PM, Blogger Jeff Aiken said...

Sweet! Now get on with it already!

I can only hope that BOR wins and brings the Cup back to the US.

I loved seeing the 37th in Valencia, however the city is just as guilty of cheating as EB is!

 
At 3:29 PM, Anonymous WetHog said...

Now what? Hopefully Uncle Larry and EB will get together and put past differences behind them and do whats best for the AC and all those that love it.

 
At 3:36 PM, Anonymous Anonymous said...

bugger

 
At 4:00 PM, Anonymous Anonymous said...

Everybody who thought Ernesto Bertarelli was bad for the AC wait till Larry Ellison gets hold of it....

 
At 4:05 PM, Blogger Paul said...

Title should be NY Court of Appeals rules in favor of GGYC.

Bring on the DoG match, and let's see something fantastic for a change.

 
At 4:13 PM, Anonymous Anonymous said...

Typical of the yanks - if they can't win in a fair fight they then have to run to daddy for help, in this case the courts.

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

...the AC will not evolve into an honest sporting event until there is an impartial governing body in place to manage the event..

 
At 5:12 PM, Anonymous Anonymous said...

..........spare a thought for all the guys and girls who have been up out of work / or potential work by this. I hope Oracle gets spanked in the DoG match. Can agree more with Anonymous @ 4pm

 
At 5:42 PM, Anonymous Anonymous said...

Hey, don't blame Valencia for anything... If you want to blame any Spaniard, blame the Federación de Vela and the socialist party that allowed them to create that CNEV farce. The city and region of Valencia has always been supported of who ever wants to celebrate the Cup over there, and BMW Oracle and others still use and have their bases on the harbour when the time to vacant them is long gone. Valencia is the only place to have the Cup in a couple months. We are ready and looking forward to it!!!!

ppmm

 
At 5:52 PM, Anonymous Anonymous said...

Wonderful!! 18 Teams can go home and wait another year! Hey BOR give at least a commitment that in case that you win the dog race the 34 Cup will be 2011 in Valencia with AC 33 Yachts. This would keep the teams alive and it would be anyway the right preparation time we need!!

 
At 6:36 PM, Anonymous Anonymous said...

From the frying pan into the fire!

 
At 6:45 PM, Anonymous Supporter of G.L. Schuyler said...

Hurray!!! The Cup will endure!

 
At 7:03 PM, Anonymous Anonymous said...

Bets are on that SNG, Alinghi & EB refuse GGYC's offer of a Multi Challenger event. If SNG, Alinghi & EB refuses, it will show how much these characters talked out of both sides of their mouth about caring for the other challengers. It was all about $ & winning right from the beginning.

 
At 7:21 PM, Anonymous WetHog said...

"Typical of the yanks - if they can't win in a fair fight they then have to run to daddy for help, in this case the courts."

Same could be said of EB and his Euro-trash friends. What do you do when you get a little scare from Team New Zealand in the last AC match? You get some greasy Euro's together and create a Yacht Club out of thin air and get those same greasy Euro's to let you run the entire event the way you want.

So please spare me with this "Yanks run to daddy" bullshit. Both sides have done their share in creating this mess.

 
At 7:33 PM, Anonymous Anonymous said...

hahahah
Bertarelli just received the ass kick he has asked for.
its bad for the cup but ist good for the climate between the teams.
Alinghi had to get the bill for inappropriate behaviour

 
At 7:38 PM, Anonymous Norberto said...

The Yanks have been the downfall of their own AC. First they hold everybody up with their ridiculous attempt to win the cup in the court room, now they will hold up everybody with a ridiculous match in yachts that will NEVER have any fruitful effect on future AC racing.

All the people waiting to get back to AC racing just lost another 2-3 years of time. And all of that because an idiotic Yank cannot control his overblown ego.

Americans doing what they love: making war!

 
At 7:46 PM, Anonymous Anonymous said...

Elemental, Watson!
Alinghi didn´t need to go through this...coming to an agreement would have been easier...

 
At 7:50 PM, Anonymous WetHog said...

"All the people waiting to get back to AC racing just lost another 2-3 years of time. And all of that because an idiotic Yank cannot control his overblown ego."

And here is one of those greasy Euro's I mentioned in my previous post. Hold on to your CNEV clothes and buisness cards. They will probably be very valuable on e-bay shortly.

As for how long to wait for AC racing. Court ruling says 10 months and there is no way for EB and his greasy Euro buddies to stop it.

 
At 8:58 PM, Blogger folkenbolt said...

Let's hope to see this challange on the water, as soon as possible.
Bertarelli has to fight with a boat built by "his hands".
He can't buy another Black Magic to win and "own" the Cup.
Let's see what is he able to do this time!

 
At 10:59 PM, Blogger Norberto said...

stfu norberto, the impostor. has this lesson given by the ny c.o.a. not been enough to shut your snotty mouth for ever?

 
At 1:42 AM, Anonymous Norberto the real sailor said...

Aye, Norberto, aren't were getting a bit carried away? Wasn't this supposed to be about the AC, and not about some legal court maneuvers? But then, you seem to exhibit the same shortsightedness as the BOR team. Trying to win at all costs (like winning a sailing regatta in the court room), but loose the war. That seems to be the American mantra these days.

How sweet it will be to kick uncle Larry' s ass. Just a shame that 17 teams now loose another 2-3 years.

 
At 2:55 PM, Blogger Jeff Aiken said...

Here is how this thing is going to play out:

#1 If BOR is honest and true to their word they will keep the offer of going back to the 32nd protocol on the table, and all the teams will be back on the water. This is the best possible scenario for Alinghi and the rest of the teams.

#2 If EB so much as raises his voice BOR will pull the offer and force a 1 on 1 and DOGZILLA will crush whatever Alinghi puts up against her.

I personally want to see the AC back on the water as soon as possible; however I feel if Alinghi ever wins the cup again they will have another farce yacht club ready in waiting to be the COR. Plus I really want to see DOGZILLA eat a poodle!

IMHO the deed of gift needs to be modified to state that whomever is the loser in AC finals automatically is the COR for the next cup! This would eliminate the legal hassles and cheating.

 
At 12:47 AM, Anonymous Anonymous said...

A DoG race would be the closest Larry has EVER come to winning the Cup. There is NO WAY Larry or Russell will negotiate to anything but a DoG race. Anyone who thinks they will is just pulling themselves.

But seriously, I can't wait to see those multi hull beasts line up against each other!!

 

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