Thursday, January 28, 2010

Statement from Tom Ehman, GGYC spokesperson

Related documents and court filings:- GGYC Reply Memorandum of Law (CIC)

- GGYC Memorandum of Law in Opposition (SNG Cross Motion)

- Affidavit of John Marshall

- Affidavit of William Koch

- Affidavit of Russell Coutts

- Affidavit of Michael Drummond

- Affidavit of Mark Turner

- Affidavit of Craig Phillips

- Affidavit of Frank Albina

- Affidavit of Wm. H. Dyer Jones

- Affidavit of Jean Baptiste Le Vaillant

Tonight GGYC filed its response to Société Nautique de Genève’s (SNG) submissions to the New York Supreme Court of last week.

There are two important questions before the Court:

• In an America’s Cup “Deed of Gift match,” must the sails of competitors’
yachts be constructed in the country they represent?

• Were Alinghi’s sails constructed in Switzerland?

GGYC believes the answers are clear: yes, sails must be constructed-in-country; and, no, Alinghi’s sails were constructed in the USA, not Switzerland.

Last week SNG let go an avalanche of papers to obscure these simple questions. The Swiss defender has long appeared to be suffering from snowblindness over the fact that the 33rd Match is not a normal regatta. It is not even a normal America’s Cup. It is a “Deed of Gift match” in which the clear wording of the Cup’s ruling document must be adhered to by both teams.

Highlights of GGYC’s briefs filed tonight (and available in full at www.ggyc.com):

• The Deed of Gift does not say that only the hull of the defender’s vessel must be constructed in the defender’s country. Neither does it carve out an exemption for the vessel’s sails – the component that propels the boat and one of the major determinants of a vessel’s competitiveness. Nor does it say that yachts may be constructed in pieces abroad so long as they are “assembled” or “finished” in country. This fundamental part of the Deed of Gift has shaped the character of this great sailing competition for nearly 130 years.

• GGYC went to extraordinary efforts to comply with the Deed of Gift’s constructed-in-country provision.

• This is not a complex issue to resolve. It rests on three simple propositions: (1) the Deed of Gift requires that the defender’s “yacht or vessel” be constructed in the defender’s country, (2) sails are part of a yacht or vessel, and (3) SNG has admitted that its sails were custommade in pieces in Nevada. All that is required is an application of a plain and unambiguous provision of the Deed of Gift to admitted facts.

• In a transparent attempt to distract the Court from its own blatant violation of the Deed of Gift’s constructed-in-country requirement, SNG has brought a baseless cross-motion against GGYC seeking – once again – to disqualify GGYC’s challenge vessel.

• GGYC is not seeking to delay the race; it is ready and eager to begin the match on February 8. It is not trying to disqualify SNG’s yacht; that is why it is seeking to have this issue resolved now, before the race.

SNG has rejected every attempt by GGYC to reach mutual consent on constructed-in-country and other issues, most recently at a meeting in Singapore on 12 January. An agreement was negotiated between SNG and GGYC representatives. It was signed by GGYC and the International Sailing Federation (the world governing body), only to be rejected by SNG/Alinghi.

Alinghi’s constructed-in-country violation is yet another example of SNG’s reckless disregard for the Deed of Gift, and of their repeated attempts to gain an advantage by shamelessly breaking the rules.

GGYC hopes the Court will resolve this issue next week, before racing for the 33rd Match starts in Valencia on 8 February.

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41 Comments:

At 8:47 AM, Anonymous Anonymous said...

How can you have a ”Singapore agreement”, when one party out of two is not agreeing?

 
At 8:48 AM, Anonymous Anders Denmark said...

Why not just s-t-f-u and sail?

 
At 8:49 AM, Anonymous Anonymous said...

Deed is as simple as that: "Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta on ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match for this Cup, with A YACHT OR VESSEL propelled BY SAILS ONLY and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup."

 
At 8:57 AM, Anonymous Anonymous said...

Quick read is SNG is going to be sweating in their shoes.

 
At 8:57 AM, Blogger Ramon said...

- can BOR use a wing sail. We believe the answer is NO! Deed sais "propelled by SAILS only, not wings...
- is BOR USA 17 a made in U.S.? We believe the answer is NO! It's clearly a french design...

 
At 9:06 AM, Anonymous Anonymous said...

Ehman,I heard that you are a liar and an asshole. Stop your caracterless campaign ! Alinghi will win. They have the faster boat and by the way...they are the nicer people and a real team with a good spirit!

 
At 9:06 AM, Anonymous Anonymous said...

GO ALINGHI 1

 
At 9:10 AM, Anonymous Anonymous said...

I hope SNG hands the AC back to the Kiwis and walks away from all of this.
That way BMWOR will have won nothing and have to compete to be in the final under someone elses rules, Russell Coutts will face the venom he deserves by again trying to take the Cup away from his country and Tom Ehman can bask in his own self importance without inficting himself on the rest of us.
Alinghi will remain in the history books as having won the AC fair and square on two occassion, created the most spectacular event in the history of the Cup and done the sport a favor by puting an end to BMWOR self serving derailment strategy.
Do it Ernesto.

 
At 9:23 AM, Anonymous Anonymous said...

Tom,
Did you not read the statement of the alinghi sailmaker. It sounds very clear from that that the sails are indeed constructed in Switzerland. It clearly explains a long process requiring skilled labour without which the sails are not even close to being ready to be hoisted for sailing. The technology you describe could be compared to the technology of the 1800´s required to make the then state of the art sail material.What would the sailmaker of the 19th century have considered to be an advanced material? They would have always looked for a fabric that could hold its shape better and for longer thus giving whoever used it in their sails an advantage over another competitor using a less technologically advanced material.Its no different today. You want fair rules. 3dl is simply the best material available today. If it can hold its shape better and for longer than any other material because it can be manipulated using design during its manufacturing process then that is simply todays technology doing its job in the same way the manufacturers of the best cotton back in the 1800´s did theirs. At the end of the day the sails still have to be joined into one piece, rienforced and made ready for sailing. Just the way they were 150 years ago. How can anyone argue that?
I put it to you that if you were a lawyer back in the 19th century you would have been arguing that no one except the americans should be allowed to use american cotton.

 
At 10:35 AM, Anonymous Anonymous said...

maybe I'm confused, but isn't a soft sail just a less efficient foil? Growing up sailing, the discussion was always about how a sail is no different that an airplane wing, just less efficient. A wing has been used in a past cup. Wouldn't that mean that a legally that issue has already been clarified. As for it being a sloop or not, that only refers to the number of rigs, 1. I've never read anything stating that a sloop is a single rig, with a soft sail. It would seem that everyone has gotten so wrapped up in arguing for their side, that they forgot how basic this all is.

 
At 10:38 AM, Anonymous Anonymous said...

Brilliant piece of paperwork. I already see Alinghi going down big time on this and IMO THEY DESERVE IT!

 
At 10:59 AM, Anonymous Anonymous said...

I wish they could just sail. So many of the guys at BOR just want it over so they can get out of their contracts. Some crew refuse to even set foot on the boat, what does that say?

A wing sail not a sloop boat Tom. Have you noticed?

 
At 11:25 AM, Anonymous Anonymous said...

Stop the bullshit and go sailing, America's Cup is becoming the worst sailing competiton ever.
I hope for a tie if it is posssible (I know is not) and a neutral country become the defender for the good of AC.

 
At 11:26 AM, Anonymous Anonymous said...

http://www.vplp.fr/flash/index_vplp-3.html :The answer to all questions!

It seems that only the sail is us made! Strange

Alinghi win twice without any doute!
Mr Oracle do not won AM! He is the only who try to win without sailing?!? Nice guy

 
At 11:27 AM, Anonymous Anonymous said...

http://www.vplp.fr/flash/index_vplp-3.html :The answer to all question!

It semms that only the sail is us made! Strange

 
At 11:27 AM, Anonymous Anonymous said...

"Any organized Yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta on ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match for this Cup, with A YACHT OR VESSEL propelled BY SAILS ONLY and constructed in the country to which the Challenging Club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup."
The next GGYC move on the court shoud be: Define "ARM OF THE SEA" and disqualifie SNG who NEVER had as regatta on an "ARM OF THE SEA". Lake is not an arm of the sea and Switzerland doesn't have a sea or ocean nearby.

 
At 12:01 PM, Anonymous Anonymous said...

Dear Tom:
A wingsail is not a sail. Nobody uses a wingsail. Change your ilegal wingsail and put a sail and only a sail like GoD say.
This is the way Alinghi lawyers must work about.

 
At 12:02 PM, Anonymous Anonymous said...

Bad Sportmanship that is what the court said but Tom you are not a sportsman or women.

 
At 1:00 PM, Anonymous Anonymous said...

Does anyone really believe any of the shit that flows out of this guys mouth? Do any of you out there know the real Tom Ehman?

 
At 1:26 PM, Anonymous Anonymous said...

BOR are seeking to remove the advantage that the Deed of Gift gives to the Defender. The result on the water is the important issue, don't let them get away with what they are doing.You must find just a small piece of swiss chocolate on their cake. Or beat them on the water!

 
At 2:02 PM, Blogger mike said...

IT SEEMS VERY SIMPLE TO ME. WITHOUT THE BEST SAILS AVAILABLE NO YACHT CAN WIN. THE BEST SAILS ARE AVAILABLE FROM ONE MANUFACTURER. LET EVERYONE USE THE BEST AND SETTLE IT ON THE WATER. IF B.M.W. CAN NOT AGREE TO THIS THEN AWARD THEM THE CUP NOW FOR THE NEXT ONE HUNDRED YEARS AND END THIS STUPIDITY.
mike

 
At 2:21 PM, Anonymous Gareth Evans said...

09:23 - "3dl is simply the best material available today. If it can hold its shape better and for longer than any other material because it can be manipulated using design during its manufacturing process then that is simply todays technology doing its job in the same way the manufacturers of the best cotton back in the 1800´s did theirs. At the end of the day the sails still have to be joined into one piece, rienforced and made ready for sailing. Just the way they were 150 years ago. How can anyone argue that?"

All racers know that 3DL really stands for "3 Day Life". For those first 3 days, they are indeed the finest sails in the world. But don't bank on that performance lasting into the second regatta! That is why top racing yachts, when sold second hand, normally come with a shipping container of sails.

 
At 3:25 PM, Blogger Jeff said...

I don’t know who is more ignorant Team Alinghi or Alinghi supporters!

Alinghi is going to lose the latest court battle plain and simple. Even during a regular mutual consent AC CIC applies and there had to be a special exemption made for 3DL sails, Alinghi screwed up and assumed that since BOR gave them and every other team an exemption the last few cups that they could use 3DL sails this time too.

I don’t like BOR and more than the next sailor, I happen to have a picture of SUI 91 hanging on my wall and a model of SUI 64 on my desk and as a former fan of Alinghi all I can tell you is Alinghi has been cheating ever since they won the cup in 07.

Alinghi thinks that because they sew some material together in the home land that counts as manufactured, sorry that’s assembly.

And don’t give me this BS that USA 17 is a French design, that has nothing to do with it. Everyone saw the tents in WA were USA 17 was built.

 
At 4:12 PM, Anonymous Anonymous said...

How can Tom Ehman and others always refer to a "signed Singapore agreement". The evidence photocopy published has the clear proviso "Draft 4 (altered in 8 in handwriting)" see http://www.sail-world.com/photo.cfm?NID=65541&Pid=92628&flash&width=1200 . I have the sneaking suspicion that there has never been a final version. Never in my business live, I signed a draft!! Strange habits !!

 
At 7:09 PM, Blogger Norby said...

to the 12:01 pm anon:

"Dear Tom:
A wingsail is not a sail. Nobody uses a wingsail. Change your ilegal wingsail and put a sail and only a sail like GoD say.
This is the way Alinghi lawyers must work about.

12:01 PM"

your exact words: a wingSAIL ...

now, since english is not my 1st language, please try to explain me how a wingSAIL is not a ... SAIL.

 
At 7:15 PM, Anonymous Anonymous said...

Re Singapore Agreement: Even worse, this is one of those Ehman "the snake" machinations. He signs, Slater (his "rule adviser" lol ... ) signs too, he gets the confused Kellett ISAF (why not the Jury Chairman Tillett??) to sign as a witness ... witness what for? Certainly not that the agreement has been duly signed by both parties, what his duty would have been ... If this was really the FINAL agreement, they could have printed it out from the PC again, or at least have marked it in handwriting as final version. This approach stinks .... Just another dirty game.

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

Latest from SNG's Fred Meyer is here - http://www.alinghi.com/en/news/news/index.php?idIndex=200&idContent=21488


"We have been clear: if BMW Oracle succeeds in disqualifying the Defender’s sails then there will be no Match, Russell Coutts will have won the America’s Cup for Larry Ellison without sailing. An irony unto itself given Russell’s use of 3DL sails on every AC team he has raced with since 1995; New Zealand, Switzerland and now the USA."

The above is very childish & like a spoilt brat taking their toys home when they can't play by the school yard rules. Alinghi fans you should fee outrage that your team would act in this way.

Further there are numerouw statements that are misinformation
"even the New York Supreme Court has told them that the rules are those of the defending yacht club, a fact stated very clearly in the Deed of Gift itself." The courts said SNG's rules so far as they don't DSQ the challenger & they are fair. This is way GGYC has been winning in courts as the rules are not fair & don't follow those of the Deed, AC & sailing.

 
At 9:27 PM, Anonymous Anonymous said...

Question: How does the Deed treat other parts of the boats: spars, line, electronics, winches, etc.?

Thanks,

AC Newbie

 
At 11:08 PM, Blogger cq70 said...

"with A YACHT OR VESSEL propelled BY SAILS ONLY and constructed in the country to which the Challenging Club belongs".

How can anyone misinterpret this? This means that the yacht or vessel must be
1- propelled by sails only
2- constructed in country

This says absolutely nothing about the sails being made CIC. Otherwise the "and" would have been replaced by ", both". Can TE even get a passing score on the TOEFL?

Extending the CIC to everything, even parts is patently ludicrous. Are all the screws, fittings, etc. used CIC? What about the resistors on electronic boards mounted on board? Where does one stop?

 
At 11:26 PM, Anonymous Anonymous said...

@ 11:27 AM - "The next GGYC move on the court shoud be: Define "ARM OF THE SEA" and disqualifie SNG who NEVER had as regatta on an "ARM OF THE SEA". Lake is not an arm of the sea and Switzerland doesn't have a sea or ocean nearby."

This has been covered hundreds of times, so I suggest you check your fact. SNG were accepted as a challenger by mutual consent, so this clause does not apply. They went on to win the Cup. They won it fair and square, and then went on to defend it successfully. No court would remove the cup for this reason, as SNG are not in breach of this rule.

Also, SNG have had an annual regatta on an "Arm of the Sea" for a number of years now. Check your facts.

Grow up.

 
At 1:34 AM, Anonymous Anonymous said...

11:26 PM - when/if SNG loose or don't show for this AC, this will be their last. Don't expect the AC community to let them qualify as a lake club sailing on the sea under MC. Also, don't expect a lot of their sailors to stay as they have their reputation to be concerned with.

 
At 2:03 AM, Anonymous Anonymous said...

WTF "Alinghi will win. ..they are the nicer people and a real team with a good spirit!" You mean the Kiwi's taken from Team NZ are the AWESOME people on that team ... I say GO Russell and BMW!!! What goes around comes around Alinghi - ain't Karma a biatch....

 
At 2:56 AM, Anonymous Anonymous said...

Saw those photos of the winners in the pass years celebrated the cup on their boat with their friends and supporters which make me wondered...
if BOR won the cup in court...where would they celebrate their cup?? in court too i guess?

 
At 7:56 AM, Anonymous Anonymous said...

Build a sailloft and build the sails in three weeks,bullshit.
I do happen to know the this guy is on the BOR pay role. I would love to see this guy actually do this.
So he could see how unrealistic his statement is.
And we all know that Incidences Sailmakers only make truck covers any way.
Nice try Russell I hope you get whats coming to you!
Prick!

 
At 8:48 AM, Anonymous Anonymous said...

Considering that this all started because CNEV (dubious) were disqualified as a COR BMWOR have made a real meal of it (which was always their plan). I hope SNG have the balls to hand the Cup over to Coutts and let him get on with what he's wanted for years, a Cup the way he wants it. I'm sure they've already got a cosy deal with a COR, probably ETNZ who've been with them all the way on this, Bruno Trouble can run the event and TE can run their cake stall. There'll be some window dressing around involving challengers in the mutual consent process, just like there's always been and off we'll go.
Don't wait for the hearing Fred ring DHL.

 
At 11:58 AM, Anonymous Anonymous said...

Got to love it. BOR Build affadavits now puts into the court record that American Hall Spars are second rate in manufacturing masts when compared to NZ's Southern Spars and that no US manufacturer exist that can design or build hydraulic cylinders to the standards of the Italians Cariboni. !!

GO TEAM USA

 
At 12:05 PM, Anonymous Anonymous said...

building a sail in 3 weeks. May be no problem. But it will not be competitive. It will be more like a scetch

It needs a lot time for testing, building several sails until you have the perfect sail.
I am sure it took alinghi a long time to get the 3dl to the point where they are. If they have to use a diffrent material it is like starting at point zero.
So it is bullshit building competitive sails in 3 weeks. It is a joke.

If BOR likes to sail against alinghi this way (Alinghi without 3dl) is like sport between a haelthy man and a disabled man.

I would not want to be the healthy man in this case. Everybody would lough. This win would be a loss

 
At 12:28 PM, Anonymous Anonymous said...

@ 12:05 PM anon

If Alinghi is as vulnerable on the sail issue as you suggest, I find it very difficult to comprehend why they would not have engaged in MC negotiations at almost any cost?

 
At 2:54 PM, Anonymous Anonymous said...

Why doesnt alinghi want to have a MC?

Very simple:
At first USA has to be 1000% CIC and Deed conform.

If USA is not conform than there will be no match! So first USA has to be measured and CIC and DEED conform.
After this procedrure alinghi 5 will be checked. But this will not even happen, as USA will not get throught the check.

End off all is: Two big monsters for the museum without any race.

The cup stays in switzerland.

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

Is it worthing to expend ALL THAT MONEY in a boat race? What they want to prove with all that bullshit? I'm fed up with this America's Cup thing.

 
At 6:56 PM, Anonymous Anonymous said...

@ 2:54 PM anon
keep on dreaming your delusional little dream...

 

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