Friday, September 04, 2009

US sailing personalities file court papers in favor of BMW Oracle

Related PDF documents- Affidavit of Alan Block

- Affidavit of Tom Ehman (with CBS News exhibit)

- Affidavit of Halsey Herreshoff

- Affidavit of Richard Slater

- Affidavit of Bryan Willis

During the last 10 days, a number of US sailing personalities filed court papers in favor of Golden Gate Yacht Club and the San Francisco based challenger of the 33rd America's Cup published them yesterday on their website.

Alan Block is senior editor of Sailing Anarchy, by far the world's most popular sailing-related website. We are sure that any website with half the statistics Sailing Anarchy has would be very happy and as a result we consider his opinion matters. In his affidavit, Block argues that the contents of the agreement between Alinghi and ISAF that has been kept secret so far should be revealed and made public.

Tom Ehman is an America's Cup veteran having taken part in every edition since 1980. He has served as executive director of the US Yacht Racing Union, head of the US delegation at ISAF as well as member of the ISAF Council. His current position is spokesperson of GGYC, the San Francisco-based America's Cup challenger. As a result, it is obvious his affidavit is in support of his team's position.

Ehman argues that thanks to a technique that exists since at least 1987 called "photogrammetrics", Alinghi has been able to "easily obtain" detailed and precise measurements of the BMW Oracle trimaran given their "ongoing surveillance" since the launch of the yacht. As a result, argues Ehman, "Alinghi certainly knew the dimensions of GGYC's challenge vessel well before SNG disclosed its measurement rules to GGYC on August 6, 2009".

Halsey Herreshoff is a naval engineer that founded the America's Cup Hall of Fame in 1992. He's a four-time America's Cup winner and grandson of legendary yacht designer Nathanael Herreshoff. According to Herreshoff, his grandfather designed a boat named Amaryllis, which is "believed to be the first multihull designed in the United States". Herreshoff has "prepared many original yacht designs" that ultimately formed the basis for the construction of "over ten thousand boats". He has also been "intimately involved in the design modifications of some" of the defending yachts from 1958 to 1983. He has also measured "over one hundred yachts" from 1961 to 1975 being the official measurer for the Cruising Club of America. Herreshoff argues that rudders are not included in the length on load waterline measurement. According to Herreshoff, "no boat in any America's Cup competition of which I am aware, included the rudder in measurement of the length on load waterline".

Richard Slater is currently Rules Advisor of BMW Oracle and held the same position for the its previous campaign in Valencia. Before that, he was Rules Advisor for SNG in the 31st America's Cup and for the Cruising Yacht Club of Australia in the 30th America's Cup. Slater's main argument regards the inclusions of the rudder(s) in measuring the length of load waterline. According to Slater, BMW Oracle "relied on the common current and historical practice" which doesn't include the rudder(s) and "the rudder on SNG’s current vessel (“Alinghi 5”) is below the water-line and hence its inclusion in the measurement does not lengthen its vessel’s measurement of length on load water-line. Thus, there appears to be no purpose to SNG’s inclusion of the rudders in its measuring rules other than to assure disqualification of GGYC".

Should you be interested in even more legal reading material, all affidavits can be accessed in the above box.

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At 1:07 PM, Anonymous Anonymous said...

Who is interested in the biased opinions of these dinosuars?

At 1:57 PM, Anonymous Anonymous said...

I only see one that could be considered a US personality... the rest are 2 members of BOR, the editor of Sailing Anarchy (you don't qualify as personality with that credential right?) and a British, who actually has the highest authority of all and simply says that a Jury must be impartial!

Those court papers are meaningless!

At 2:45 PM, Anonymous Anonymous said...

Have you completely lost the plot, Mr. Orphanidis? U.S. sailing personalities? Did you even bother to read the affidavits, or do you just cut and paste and accept whatever drivel Alinghi has fed you? Bryan Willis is a British citizen living in Malaysia; Richard Slater is an Australian. However you are right that the papers support Oracle's position, and if you took the time to read them you would see that they are a powerful indictment of Alinghi's self-dealing on the rules. So, too, was Mr. Cayard's letter to Scuttlebutt today all but calling for SNG to be removed as Trustee for breach of their fiduciary duty.

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

Tom Ehman is NOT a "sailing personality" .... he is less then the scum under the fingernails of a 12 year old Opti-kid.

At 3:53 PM, Anonymous Anonymous said...

Who cares about this agreement, seriously ? What's the problem ?
Hopefully this hole mess will be ended with a great defeat of BOR, out of the courtroom.
So this community of "peronalities" will shut up.

At 4:42 PM, Anonymous Anonymous said...

This is super! Perhaps they will find more "important" people with statements - what about our friend Vincenzo - is there no more red wine in Italy or did he pass his wine to these gentlemen?

At 4:52 PM, Anonymous WetHog said...

"Tom Ehman is NOT a "sailing personality" .... he is less then the scum under the fingernails of a 12 year old Opti-kid."

An "Opti-kid" that was a participant in CNEV's inaugural/annual regatta I am sure.

At 7:58 PM, Anonymous Anonymous said...

"US sailing personalities file court papers in favor of BMW Oracle"

This title is very confusing as there is a Brit & a Australian who have yet to give up their citizenship.

Maybe - "Affidavtis filed in in favor of BMW Oracle motion" is better

At 8:38 PM, Anonymous Anonymous said...

Interesting reads, all of them, and especially the ones by Herreshoff (rudders) and Willis (ISAF).

Alinghi and ISAF have been poiting fingers to blame each other (it wasn't me!) for who wants to keep their secret deal a secret.

So I wonder which one of them will go to court to try keep it a secret?

At 10:43 PM, Anonymous Anonymous said...

Pierre, how many readers do you have? maybe you also submit your story to the may do it as a greek living in spain...
pierre I really like your side but this post is crap..and for Brian Willis: Brian are you really explaining the rules to the judges...great strategy you just showed them how much you respect them...any IJ around the world knows what you wrote

At 1:05 AM, Anonymous Anonymous said...

This dog and pony show is yet another B.S. attempt by BMWOR to confuse the issues... I'm not sure why there is so much confusion understanding the basic concept - They challenged in a 90 X 90 boat. All of a sudden their boat is not 90 X 90... hence illegitimate challenger. (Although it's not so "all of a sudden" is it??? Which is EXACTLY why they have been dragging their feet on submitting their CHR - cuz they KNEW it wouldn't match up - even AFTER they told the judge to her face it would!!!)
Throw them out on their asses where they belong! I don't care if Homer Simpson is an expert in the field, his opinion doesn't mean squat if the boat doesn't meet their own specified dimensions!!! They dug this hole for themselves trying to play fast and loose with the I'm looking forward to seeing them suffocate and die, buried under all the crap they have shovelled on everyone since 2007!!! Good riddance BOR. Let the real teams and the AC get back on track!

At 11:19 AM, Anonymous Anonymous said...

Alan Block you disgrace to free speech and reporting. Call yourself a journalist.Your website thrives on sensationalism and slander and you think you have the right to have a say in this court battle. Of the 800 000 readers you have, you assume that all agree with your biased opinion.
Is this the same editor that allowed his website to publish cruel and unprofessional pictures and comments slandering a decent human being just because he happens to be over weight and simply because he chooses to be friends with certain members of the Alinghi team. I hope the judge reads that publication before listening to your rubbish.
I also hope the judge thinks you clever for publishing pictures of female sailors and making spectacles of these girls for all your loyal readers to "enjoy".
You, sir are a disgrace to journalism and i am at a loss as to why you have not yet been sued for slander. BOR i cannot believe you would allow this disgrace to be a part of your strategy. Whilst i do not agree with your continued attack on alinghi i could at least understand your opinion. Asking this person to give your argument credibility is nothing more than pathetic.

At 6:32 PM, Anonymous Anonymous said...

Read the Deed before you talk about measurements as there are only 4. As well it only says "shall not be exceeded"

The measurements in the NOC are irrelevant outside of the above.

At 6:53 PM, Anonymous Anonymous said...

but the judge stated clearly that the boart must measure exactly 90 x 90 so tough shit what the dead says.

At 7:25 PM, Anonymous Anonymous said...

6:53 PM - it's not in the order yet is it???

Using your logic that would mean that SNG's several promises before the court to not use the rules to DSQ GGYC would be just as valid if that was the case.

You can't have it both ways can you??? But is was a typical Alinghi fan nice try.

At 7:52 PM, Anonymous Anonymous said...

The micro sailing community just lost her credibility when Scuttlebutt's Friedmann and SA's Bolck are being a party to a court action. What the hell do you have in mind? SUch a need of exposure and ego is unbelievable and is only match by the one of Alessandra Pandarese.
It is time for the sailing community to realise that in perspective to the world, it is nothing, zero, zip and these type of problems are really the problems of poor (mind wise) people.

At 10:25 AM, Anonymous Anonymous said...

fan or no fan. im pretty sure the judge stated that your boat better measure exactly 90 X 90. thats right isnt it? perhaps you read something different.

At 8:20 AM, Anonymous Anonymous said...

reading Scuttlebut and Sailing Anarchy is like standing in dog shit....the longer you stand in it, the more it stnks, these guys have NO credability

At 1:47 PM, Anonymous Anonymous said...

I disagree with you: Cory E. Friedman's comments to the legal issues related to the AC have been enlightening and pure pleasure to read. Legal issues have never been explained better to me before.
You may feel like standing in dog shit when reading his comments because then you realize that Alinghi is fundamentally wrong with its approach to the AC.


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