Wednesday, January 13, 2010

BMW Oracle seeks to disqualify Alinghi and to win the America's Cup in court

[Source: Alinghi] While Brad Butterworth, Alinghi skipper and Société Nautique de Genève representative, was in Singapore engaged in good faith discussions to resolve remaining issues ahead of the 8 February America's Cup Deed of Gift Match in the presence of David Tillett, the chairman of the ISAF America's Cup Jury, and David Kellett, the ISAF representative, BMW Oracle unilaterally aborted talks by filing their ninth lawsuit against the Société Nautique de Genève at the New York Supreme Court seeking to disqualify the Defender from the upcoming Match.

“BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it,” said Brad Butterworth. “This latest lawsuit has come as a shock given we were planning a further meeting to finalise discussions today, it demonstrates extreme bad faith. Clearly they are not ready to race. They have completely disregarded the jurisdiction of the ISAF America's Cup Jury, which they sought so hard to have instated, and have instead reverted to the New York courts where they clearly feel they have a greater chance of success,” he added.

SNG's defending yacht has been constructed in Switzerland in compliance with the provision of the Deed of Gift. SNG disagrees with GGYC's interpretation.

BMW Oracle's statement that Alinghi will be using USA-made sails is wrong. The sails for the Match have been constructed in a sail loft in Villeneuve, Switzerland. Furthermore, the 3DL process of making sails is subject to Swiss intellectual property rights. The inventors of the process, Jean-Pierre Baudet and Luc Dubois, are two Swiss engineers. Every challenger and defender for the America's Cup since 1995 has used 3DL Swiss technology based sails.

“BMW Oracle's attempt to derail the America's Cup, and disregard ISAF's jurisdiction, and their continued unsportsmanlike behaviour is unacceptable,” said Fred Meyer, SNG vice-commodore. “Alinghi is ready to race on the 8 February as mandated by the 7 April 2009 court order,” he added. “We won the right to defend the America's Cup on the water by winning the 31st and 32nd editions, we want to go racing, we do not want the outcome of the America's Cup determined in court,” he concluded.

22 Comments:

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

Seems to me Bmworacle and Alinghi have been on two diffrent meetings in singapore....

 
At 4:02 PM, Blogger Ramon said...

In the interest of seeing sportmanship prevail over court rouling I wish Alingi all the best. While it is difficult to hope for the defeat of a team nominally representing my country (USA) find myself fully behind the Swiss team.

 
At 4:35 PM, Anonymous Anonymous said...

Looks like we won't see a sailboat race on Feb 8th. This must be the all time low on the history of the AC.

 
At 4:47 PM, Anonymous Anonymous said...

Disqualify both Alinghi and BMW/Oracle.
Let the next edition of the Americas Cup sailed only by challengers to decide a defender.
New York Yacht Club should run it in Newport Rhode Island.
Give it back to the sailors.
gilligan

 
At 5:21 PM, Blogger Norby said...

so, now alinghi is tasting their own poison and finding it tastes bitter.

 
At 5:43 PM, Blogger nroose said...

This headline really sucks. It seems that you have not been paying much attention.

 
At 5:46 PM, Anonymous Gareth Evans said...

I am a little confused why BOR are not happy to use the International Jury. Surely that is why the jury was established.

The court hearings so far have been a farce, with a judge and lawyers that know nothing about yacht racing or the Americas Cup. This one will be no different.

The court should hold a very short hearing, and pass the decision making process back to the international jury.

It is also irrelevant, as Alinghi do not have to declare their boat or equipment until the first race. Only then will we know which boat, mast and sails they are going to race with!

 
At 6:03 PM, Blogger WetHog said...

“BMW Oracle has already successfully disqualified 18 teams through the US courts to gain access to the Match, now they are seeking to win the Cup without ever racing for it,”

Based on the constant use of that phrase by Butternutz and the entire Alinghi over the last 2 years team at this point I do hope BMWO gets Alinghi booted as Defender. Alinghi eliminated those famous 18 Challengers the moment Alinghi and Desafio dreamed up CNEV and staged that first Opti Regatta filled with kids as CNEV's first "annual" regatta.

Both sides in this shit fight are to blame for the current mess.

 
At 6:44 PM, Blogger Mike said...

ok, they got me. I am not booking any flights to VLC. let them sail on their own. can't be bother any more. brrr

 
At 7:04 PM, Anonymous Anonymous said...

As allready said : Bad for you guys !! you won't have me as supporter. I'm just getting fead up with all this nonsense. What will be next? Will one day BMW accept that the entire planet is bored with their attitude! Com'on LE TE & RC time to stick to your words and try to gain it on the water, instead of arguing all the points!
Go Go Go Alinghi, make happen another time, and send them back home

 
At 7:17 PM, Anonymous Anonymous said...

Hard to believe that in the Alinghi-Team is nobody to read and interpret the Deed of Gift correctly. In the case of the sails the wording is more than clear. How can Alinghi expect to get around this ?

 
At 7:40 PM, Anonymous Anonymous said...

Ramon, just to let you know that it is a surprise to read that there are Americans that actually dislike the way BOR is acting...

 
At 8:53 PM, Anonymous Anonymous said...

I hate to say I told you so... I was waiting for the other shoe to drop, and drop it did. Clearly BOR's boat is not ready, and this is just the next step to trying to get their hands on the Cup, without actually racing for it (since they are not very good at it, and clearly don't have faith in their boat) So disappointing. I hope and pray the courts will finally see through their BS, and tell them to sail Feb 8th or drop dead!!!

 
At 8:56 PM, Anonymous Anonymous said...

SNG fans you should be embarrassed by SNG news release as it's full of lies of a cheater & someone who is disrespecting the sport in public.


1. GGYC like any club or sailor in the sport has a right to have fair rules. The court like a protest committee is insuring the rules of the Deed & sailing are fair. If you don't understand this you don't sail or you sail & cheat just like SNG.
2. GGYC can't DSQ anyone. SNG is doing it to themselves & only the IJ & NYSC can DSQ.
3. The IJ has no authority to rule on CIC as SNG didn't include CIC in the NOR so only the NYSC can. Note that the CIC is usually in the NOR or protocol so SNG left it out.
4. GGYC didn't DSQ the 18 teams. SNG chose a DoG instead of repeating the 32nd which GGYC offered numerous times.
5. The use of DSQ in public when no one has been DSQ'ed is misinformation & disrespectful to the sport. For this SNG should be brought before ISAF under rule 69

 
At 9:15 PM, Anonymous Anonymous said...

anon 7:17
Deed says: "Any organized Yacht Club [...] shall always be entitled to the right of sailing [...] against any one yacht or vessel constructed in the country of the Club holding the Cup."
It says 'yacht or vessel' - and says nothing about sails & wing... So where's the problem???

 
At 9:17 PM, Blogger Zapata Cycles said...

In lieu of a protocol that both teams consented to, the rules of this match are specified in the Deed of Gift. Rules are rules. If Alinghi wants to play by their own, maybe they should give the auld mug back and create another event. The Berterelli cup, perhaps?

 
At 9:18 PM, Anonymous Anonymous said...

WetHog

Why can't you see through these guys from the US. Sure they've played their legal system well but please don't confuse that with them giving a shit for the AC, sailing or sportsmanship. Yes Alinghi have had interpretations given against them but only BMWOR have been accused by the US courts of bad sportsmanship. BMWOR eliminated the 18 challengers when they turned their back on them in late 2007. Go back and look at the history.

 
At 9:45 PM, Anonymous Anonymous said...

9:18 PM - please read the history of both teams & the news & you will see that SNG turned down a multi-challenger.

Sadly you sound like another bitter & misinformed cunning professional of the AC who lost their job due to EB's arrogance. Realize you are not alone but understand we are here because of what EB did.

 
At 9:50 PM, Anonymous Anonymous said...

8:56
You sum up exactly what BMWOR are all about. Rules, spin and bullshit. You sound like the kind of person who really enjoys the protest room and believes victory there really matters. Get a life and go sailing, lifes far too short.

 
At 1:42 AM, Anonymous Anonymous said...

9:50 PM - you sum up SNG, someon who doesn't do their turns when they should. That's not racing at all. If you think so it explains your level of understanding of the rules & sportsmanship. Oh, but then you support SNG so get a life & stopping cheating those around you.

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

in the past few comments made by BOR, we learn that there is only one facility where to get 3DL, then all a sudden a second one is revealed. They then hide the fact that it is actually a swiss "patent". Further down the road all a sudden the IJ are not to be consulted on CIC matters, only the court (with no knowledge on sailing) can rule on the matter...
Then a draft that was going to be signed (according to the statement made on their website) is miraculously already signed, according to the interview given by the famous liar (read R.C).
And blablablabla...

I am so tired of the whole thing, let's go sailing, and forget about all this BS.
Alinghi made me dream, and still keep doing so, but the AC competition is a farce, a masquerade, with the benediction of the $$$ of an arrogant loser (I cannot refrain from laughing thinking about how you were humiliated Larry during in AC 31 and 32...) that is abusing the system thanks to a NY court far from being competent...

 
At 7:50 AM, Anonymous Anonymous said...

9:45
You sound like a cunning misinformed professional who is thoroughly enjoying seeing Alinghi dragged through it.
Sadly you probably have some affiliation with a team that has has been humiliated by them on the water a few times.
Guess we'll have to disagree about who forced the DOG .

 

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