Statement from Tom Ehman, spokesman of Golden Gate Yacht Club
[Source: BMW Oracle] Golden Gate Yacht Club and BMW ORACLE Racing must remain vigilant to ensure that the rules and the running of the 33rd America’s Cup are fair and consistent with the Deed of Gift. It is because of our vigilance that we — and not a make-believe yacht club — are now the Challenger of Record.
There continue to be serious issues with the way Société Nautique de Genève is conducting their stewardship as Trustee of the oldest trophy in sports, and the way Alinghi have mounted their defense of the America’s Cup — from Day 1 when they tried to issue rules that were widely condemned as 'the worst ... in the history of the America’s Cup' to their recent issuance of measurement regulations that would disqualify our boat if left to stand.
That is why attorney David Boies and his firm Boies, Schiller & Flexner LLP have joined with our current legal team — to protect our competitive interests, the interests of sailing, and of the Cup itself. BSF’s reputation, legal acumen and track record are exemplary.
We remain excited about sailing for the 33rd America’s Cup in February 2010. We want this to be the greatest event ever in the history of sailing, and are continuing our preparations to make this happen — even as we continue our fight for fair rules.
Labels: 33rd America's Cup, Alinghi, BMW Oracle, Tom Ehman
50 Comments:
Forget getting in extra lawyers, you should concentrate on getting extra sailors. That is how you win the Cup, Alinghi's record shows that.
For years American team rules over the Cup, fair or not. Anytime they were even a little threatened they changed things to ensure American victory. It was only in 1983 when Australia beat them by 1:51 that they had nothing to say. Even rule changing and general dodginess couldn't save them due to being beaten upright.
Work on having a faster boat, then you will win. That how it works. Going on about how Alinghi will change the rules no matter what is untrue, if they do win the Cup they need any credibilty they can scrape together for running the next event. Disqualifying BMW or cheating or whatever after racing on the water won't give them that, they know exactly what they are doing.
Has BMW nervous about it all though, the mind games of the Cup are still going strong.
Come on!!! You can't be serious...
For a start who of the 1000's of out of work people really care if SNG have made the rules unfair.
If Oracle hadn't have dragged this through the courts for 2 long years, then maybe there would be a few more families out there able to put bread on the table.
ORACLE = ONE RICH ARSEHOLE CALLED LARRY ELLISON.....
Seems to fit the bill.
Tom, right, that's exactly what you need, more lawyers!
I smell fear... it looks like you've realized that your tri will never be as fast as that cat, mainly on light wind conditions.
That's why Russell isn't going to helm it, he doesn't want to lose vs Alinghi.
Oh, you mean the same David Boies who made a fool of himself defending Al Gore against George W. ? The same one who lost the Napster case? GREAT!
What do you do when the boat you've spent millions on just doesn't measure up...??? Add newer and better lawyers to the already crowded shark tank, Yeah that makes sense!!! Sounds like some serious scrambling coming out of BOR!
While ALinghi speaks about new tema member, sailing and look forward to racing in RAK in February, the only thing the pathetic Ehman is able to do is present a new lawyer. Furthermore Boies, that everyone knows as another ego driven lawyer who needs to be in the media to exist. Please Tom, why don't you shut up and get the f*** out of here?
HTFU BMWOring!!!
Wow, so Larry is really pissed and has discretely fired his previous lawyers after their continuous failures (Alinghi can have a motor, BOR needs to provide the CHR of a 90x90 boat and the SNG can change the rules almost at any time!).
Tom should remind Larry that this is all part of the Deed of Gift match that he wanted so badly.
Yes, Tom took him directly to an AC Final Match but it's a duel where the Defender has all the power, just like in the old times.
That's why the Americans held the Cup for more than a century!
Now BOR should face it and go sailing. Enough with this Court Parade!
Fire lawyers and hire sailors... at least for a change!
3:23 AM - the global sponsors, media & fans don't care about whether you are employed or not. All they want is a event the isn't fixed as there is no long term benefit to the AC when the truth comes out. Oophs, that's what happen with EB, the truth is out & all you guys are unemployed.
You should thank EB for putting this in court & dragging it out for 2 years or maybe longer. He turned on all those who bent over for him. Guess that's why you were called "cunning professionals" but now called a "unempolyed cunning progessionals".
9:32 AM - GGYC has kept all their lawyers. Boies & his firm are additions to the legal team. Why??? He specializes in anti-trust law. Why??? Because SNG has failed to act in the best interests as the Trustee of the AC.
Boies who sails, gave an interview over a year ago to Bloomsberg. He stated SNG had failed in their duties & etc. This years before he was asked to join the team. If anything SNG should be checking their D&O insurance as EB through his greed is going to get plenty of people fried in the process. Just like those poodles & their cunning professionals....
I am one of those people out of work becasue of this Cup mess. We were all beaten fair and square on the water by Alinghi last time, so as far as I'm concerned they hold all the power. Hopefully they can beat BMW however they need to to get the Cup back on track.
As for putting bread on the table for 1000's of families as one put it, they are plenty more fun gigs out there, they should all get one. I walked out my AC job straight into another sailing related job, still have it, and will still have it until the Cup starts again. The Cup is a lifestyle choice, live with it.
Come on Oracle, sail or get lost, its gettign old. Other teams are already whispering about getting started for the next real Cup, join up or go home.
stay home larry, feed your pets, kiss your wife, and find a new hobby, maybe hire wire walking.
I was told that Tom Ehman and Melinda Erkelens have become bitter enemies and one of them will soon be kicked out of the team!!!
As I said previously, BMW (still sponsoring ?) Oracle never intended to win this cup on water. They can't anyway ... Too many advantages for Alinghi which remains a strong team anyway. Thank's Tom, for bringing this Cup to the stratosphere !
This could be called the saga of how to never win the America's Cup while having one of the deepest pocket (ego) in the world !
Look's like the begining of the end of Bor !!!
I thought the only team letting go of sailors is alinghi?
They dumped their grinders when they became redundant because of the motor.
You guys should not forget that, after all, it was Alinghi that initiated all the legal battles with setting up a sham yacht club as challenger of record.
Do you know the background of the shame rule????
It was a similar situation where the US wimps invented that rule to avoid the challenge from a team from Canada they had been afraid of.... Fair rules - fair county.
You all may further discuss about whose fault the whole mess is, whether it is Alinghi by accepting the challenge of a not-existing yacht club, or BOR by keep on trying to win it in the courts. You should not mix up cause and effect. That what is going on for the last 2 years is just an effect which is made possible by how the AC is set up. The cause is the DoG which sets the frame for this event. Now you may discuss about changing the rules and organize the America's Cup like other sport events, but wouldn't it loose its magic then and become just another random sports event?
Because of the DoG there were and will always be litigations, discussions and uncertainty if the rules do not change. And in 20 years or so this conflict which we have at the moment will be a page in the history books just like all the conflicts in the past and it will contribute to the special shape of the AC.
But what I do not understand is all the people who are complaining about not having a job. C'mon guys, the AC is not everything there is in the world. Nobody holds you off from gettin another job. It's not a perfect world we live in, so you should wake up at some point and deal with the reality. I worked for a team in the AC 32 as well but now I'm following the whole conflict very relaxed from the distance.
It is sham not shame...what a shame
Any more rumors about the Alinghi sailors who are unhappy with how Antione was treated as a spy?
I think you got something confused here. The Canadian boat almost sank before it even made it to the Atlantic coast. Not a real threat, ey. What can I say...
It is not so much about what the rules are. If everybody knows the rules and can prepare accordingly it seems to be ok to me. What I really find appalling is that someone wants to change the rules "as we go along". What kind of sportsmanship is that?
I am a PR professional with no connection to the Cup. IMHO that is a particularly well crafted statement. It makes no personal attacks, is forward looking, and makes a good case for the "fight for fair rules." Reading between the lines, it is setting the stage for what we have all known was coming - GGYC and perhpas others trying to get SNG and Alinghi removed for being the worst trustee in the history of the Cup. Bertarelli's underhanded self-dealing and attempts to control the Cup for his personal gain makes New York Yacht Club look like the Boy Scouts.
It seems to me the issus is about fairness. The SNG Measurment rules take into account the portion of the rudder that extends past the stern of the boat. The rules also states explicitly that the dagger boards are to be up during measurment so that the extra width added by those S-curve boards is not measured even though it appears that they will add a couple of feet to the beam when extended below the water line. Ninety by ninety only applies when it is their ninety.
All measurements are equal, some measurements are more equal than others.
Why is it necessary to do "nation bashing" if two boring billionaires can not get along with each other. Neither the Swiss nor the Americans are to be blamed for that. Let's try to keep this blog "civilized".
Forget getting in extra lawyers, you should concentrate on getting special rules written that take away power from the other competitors and put them at a disadvantage. That is how you win the Cup, Alinghi's record shows that.
And if you can change the rules in secret, and change them again and again whenever you want, that's also how you can win, Alinghi's record shows that, too.
Better to race 20 weak-arse teams than face a couple good ones. Hey, it's a living.
typical propaganda of the Borites who swallow anything coming from BOR the self proclaimed "greatest sailing team of the world" who never reached the final, except through constant litigation.
The fact that all other teams with a far better sailing track record has signed the protocol doesn't count, what count's is propaganda from the USA, the country with more people in jail than any other country in the world that calls itself land of the free !!!
We are all looking forward to see the final match in World vision, but before Bor & Gggyc will have to swallow their own medicine,the DOG rules, it is so unfair eh Bor !!!
Did you know that David Boies is the same Attorney who was involved in the 2000 US Presidential Recount Battle between Vice-President Al Gore and then Texas Governor George W. Bush?
So what does that mean? Have you ever checked the track record of the Alighi lawyers?
Dear Mr. "Borite". Some just never get it...The United States and BMWOracle are not the same entities. How difficult is that to understand?
9:24 AM - typical uniformed whatever!!! What don't you understand about something being illegal. If you understand that you can speak like you know something. Until then don't waste are time.
Btw I'm not from the USA but someone who knows right from wrong. If you want to trash countries versus focusing on the issues you need to expect to be told to STFU.
The name of the challenger boat will be USA and not BMWOracle. Have a look at Bor presentation day pictures to see the number & size of the american flag and you will understand the name of the game. The fact that the Cup is named America's Cup is certainly not "foreign" to some behaviour below the water-line ! to say the least ...
UNBELIEVABLE...more lawyers = more money...from the same 'team' that fired 20 staff two months ago...Tom Ehman and Michel Marie be very careful walking down the street anywhere in the world...we are waiting and watching....REVENGE
What is wrong with flying a nations flag? Alinghi even painted the Swiss flag on top of their mast.
12:15 PM - Haven't seem any news here about that at VS have you???
Provide some credible info otherwise it's rubbish from the Alinghi propaganda team.
Oh, don't forget that Alinghi forced 18 teams out of existence by not being willing to be Deed legal, agree to Mutual Constent under the Deed for all, be fair & not wanting to choose something other than a DoG match.
Alinghi kicked the 18 teams out???? Oh yes for sure - we had everything in place and all of us had been happy with the new rules but budhads Larry and Russel came back with the same bullshit changes (e.g. 2 boat campaign ..)
Come on - If i would be an American I would go to court just to avoid that BOR uses the name USA!!!
lets hope the wind blows in the right direction and Larry and his friends will explore the beautiness and friendship of the Iran - and Tom will love it!!
12:45 "one of the 18 waitinmg teams said... "
It's quite obvious you favor breaking the rules so you can have a job. That's not how the AC or the laws that govern the Deed in the NYSC work. As has been said many times on this board the AC is not for "cunning professionals".
If you can't understand the AC go sail & get a job somewhere else as Enrievision will never fly. Why??? There are too many people working behind the scenes to insure Enrievision or anything similar never happens or happens again....
Bor the worst loser in AC history !!! if you can't win on the water even when you have outspended all your competitors, then build the greatest legal team ever ang go back to court forever. This is about fairplay made by Bor or is it made in USA see previous post. A quick look on the protocol of the SDYC in 88 will show all the grievances of Bor are unfounded
or has T.Ehman lost memory !!!
Here some facts for those that never get it (or refuse to see them):
1.) BMWOracle have made numerous attempts to bring the AC back on track and have attepted to negotiate a multi-competitor event. It was Alinghi who refused to negotiate with the rightful challenger of record, BMWOracle
2.) It also was Alinghi that lost all significant legal decisions most importantly the ruling regarding CNEV not being a valid challenger.
3.) It was Alinghi who extended the legal procedures significantly by appealing previous court rulings. However, in the end they also lost the appeals.
(My prediction would be, that they delayd the AC with legal tactics because their boat was not yet ready; neither in 2008 nor in 2009 when BMWOracle already had looged hundreds if not thousands of miles on BOR).
I am not saying that poeple at BMWOracle are saints. Surely not. But I think, in the long run they have done the Americas Cup a big favour by (hopefully) preventing that Mr. Bertarelli jeopardizes the AC with the implementation of rules that would give all power and control to him. They were the ones who had the courage (and power) to stand up and say out loud what many AC teams (and many, many other sailors) quietly think...
The emperor has not only been caught with his pants down. He is actually not waering any clothes at all!
Over and out
facts : Alinghi does not need to bend the rules to win the AC. The proof of the pooding beeing Auckland 03 as a Challenger and Valencia 07 as a defender both square & fair.
What about Bor, well they are the white Knight, but who needs their Ehmann's kind of "integrity" certainly nobody else than themselve.
The big problem now is that they face a big risk of loosing on all issues from the venue, to the measurements, etc...
Maybe the emperor is naked, but he is still the emperor, and he beautyfull to look at but the other one's who is he ? the answer is simple a wanna be with a deep pocket and a big ego, but unfortunately no instructions booklet !!!
I wish to point out that the protocol of the SDYC in 88 was a mutual consent agreement. Both parties sat together, discussed and agreed on this protocol.
I agree with you, it was Alinghi that cowardly and desperately avoided "meeting BOR on the water" (as they like to put it) both in 2008 AND 2009 by using shady legal tactics. So who is aftraid of whom here?
Well done Alinghi in 2003 and 2007. But why then bending the rules for AC33 (or AC34). Why not leve the rules as they have been in AC32? Maybe, just maybe, Alinghi has realized that the competition has become much stronger and that it may become difficult to stay in control of the AC unless the rules are changed significantly in their favour.
Yes and that is why they are happy with a bunch of low life competitors around them that will hardly make it to the starting line. Luna Rossa and the likes knew why they were staying away from AC33.
When the americans speak about bending the rules every body listen because that is something they have a mastery at it, how bended the Dog for the Challengers, how unfair is it for Bor to be only a Challenger, life is hard and the rules so bended !!!
I don't think BMWOracle complains about being a challenger...
I personally don't care too much about them anyway. However, for a big sports event like the AC it is imperative that the rules are fair and transparent; otherwise you will loose interest from media, spectators and most importantly sponsors. And that, most likely, would hurt the AC more seriously that the boring cycles of litigation currently initiated by both BMWOracle and Alinghi. So for the sake of the AC I tink it would be highly desireable to have a set of rules that are exactly that: fair and transparent. And, if I may add one more tought: A certain balance of power between defender and challengers, as it was conceptualized in AC32 regulations, certainly helps to establish exactly that: fairness and transparency
oh guys you are so lame. Not a single original or creative thought in sight in this patheitc blog. Just regurgitation of old and worn out positions. Smells like an overdose of testosterone to me and that for sure does not smell good. Why don't you guys first think and THEN write smart and whitty comments? THATS what the girls like!
Danielle Soriano
I thought this was a blog about sailing and not about feminism. Well, then we all must be mistaken...
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