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The Cup Part 2

May 13, 2009 12 Comments by

33rd Americas Cup

Part 1

Part 2

Part 3

Part 4

Part 5

Part 1 here

Scuttlebutt News:

Chris Bedford: Valencia wind conditions in February

An America’s Cup held off Valencia during the month of February will take place in conditions much more variable generally lighter than those experienced during the Challenger Series (which began Apr. 16) and the America’s Cup match (held June 24-July 3) in 2007. Additionally, rather than sailing just a few miles from the shore, the Deed of Gift courses are longer and may require sailing some considerable distance away from the shore, bringing some new weather and tactical challenges to the event.

A February series will be held in the cool months of winter instead of warmer Spring and early Summer. Average daytime maximum temperatures are around 61F (16C) while average minimums are near 41F (5C). The state of the atmosphere and ocean are quite different in terms of the thermodynamic and pressure gradients which are responsible for all winds. The thermal sea breeze conditions are typically poor in February. While it is not impossible for sea breezes to occur, those that do develop tend to be very weak and poorly formed. The sea surface temperature is near its seasonal minimum (around 7C) and the thermal input from the sun, while improving, is still weak given the time of year. Any sea breezes are late in forming, and don’t typically extend very far offshore.

In balance to the weaker sea breezes, there can be stronger and well formed overnight and morning land breezes and drainage winds. These winds form when overnight cool airs from the land flow out toward relatively warm areas over the Gulf of Valencia – essentially the reverse of a sea breeze. Unfortunately, these breezes take place during the darkness of early morning and may last only a couple hours into daylight. In addition, these winds land breeze and drainage winds decrease with distance from shore.

In February, best chances for more consistent winds may come from larger scale weather systems moving around Western Europe and the Western Mediterranean. While February can be an active month with both low and high pressure areas tending to be stronger than in summer – the time between them may be lengthy giving 2 or 3 days of wind followed by extended periods of lighter breezes. When strong low pressures pass to the north of Spain and push cold fronts across the country, one or two days of stronger west and northwest winds can develop. Normally, these offshore wind events arrive with relatively flat sea conditions.

more here

Will the DoG [Deed of Gift] match be an

exceptional moment in the history of yacht

racing or a boring, one-sided regatta?

BMW ORACLE Racing 90 (c) Gilles Martin-Raget / BMW ORACLE Racing – All Rights Reserved
Tim Jeffery: Both! There will be a ghoulish fascination in marvelling at two fabulous, fascinating, fast and frightening yachts trying to knock each other out. But unless something goes Twang!, a small speed advantage will be amplified into a big gap. And big gaps don’t make exciting contests. The DoG courses (a long windward / leeward or a triangle) will discourage too much cornering.

Cam Lewis: “I am an enthusiastic multihull racer and fan; also I was the grinder in 1988 on the Stars and Stripes catamaran. Was this 2 out of 3 series boring? Well, after 5 minutes sure it was to those watching, yet we onboard had tuned up one of the coolest sailboats to ever race in any event.
So now you have a challenging team that has shown most of its cards, a wicked big and fast trimaran. The Swiss catamaran (my best guess) will look something like a scaled up D35ish sort of machine, with the 3rd hull for rig loads, headsail trim etc. So back to the question, it will be an exceptional match and an incredible moment in the history of yacht racing. It could end with a spectacular T bone in the 1st dial up with lots of blood and injuries or it could be a real thriller. Of course it might be a parade too! The good news is that the best of the best will be seen and there will be no LEAD involved, the heavy metal kind!

Loic Le Bras: “For sure it will be an exceptional event, and it will make history – no matter what people may think about the interest of such a match. There has never been a multihulls dual in the 150 years history of the America’s Cup. It will be historical for the America’s Cup and for the sport of sailing as a whole.

Paolo Cian: “The regatta will probably be boring; one monster will be faster than the other. But on the other hand this is a very special project, and the technology involved is fantastic. The interest will not be in the regatta itself, but in all the rest.”

Sébastien Col: “The regatta might be boring, but it will attract a lot of attention. The technology involved is extraordinary, and I believe that we will see new things that will perhaps be adapted to everyone’s sailing boat in the future. This is a positive point, and it was not the case anymore with the ACC rule.”


Is the match between two giant multihulls a good

or a bad thing for the sport of sailing?

Will it change the face of sailing forever?

Décision 35 SUI1 (c) Loris von Siebenthal MyImage /
Tim Jeffery: “Point One. The America’s Cup is only the Everest of Sailing because you need oxygen to survive. It sits so far above the rest of the sport to be as good as separate from it. Point Two, Alinghi was greedy in victory and the only one with the resolve and resources to say ‘hold on, your proposals for the next Cup go too far’, Larry Ellison, did so. Result? Acute short term pain. The long term judgement will depend on Alinghi’s or BMW Oracle’s action after their triumph.

Cam Lewis: “It is the best thing that can happen for our sport right now.
Two super rich guys playing at the highest level! Who wants to be the richest guy in the graveyard?
It certainly will change the face of sailing for the near future and what happens in a hundred years is too difficult to predict. Will we see cats back in the Olympics someday? For sure. Will catamarans and / or trimarans be used in future America’s Cups? I have no idea, yet it would make sense, as the new silly AC33 boats they proposed would try to emulate multihull speeds and angles downwind, but be boring slow upwind. Take a look at the iShares Cup and Swiss lakes, cats rule!

Loic Le Bras: “How could it be bad? Seeing two giant multihulls sailing at 40 knots + can only be spectacular. It will hit the mainstream public, and the context and the juridical past will be forgotten. I don’t think that it will change the sport of sailing, unless the VOR takes place on multihulls after this. Then yes, it would have changed the sport of sailing.”

Paolo Cian: ”I don’t think this match will change the face of sailing; the America’s Cup has survived other stupid situations in the past. The current situation is very bad for the sport of sailing. The long time effort and commitment from the teams and many individuals is simply lost.”

Sébastien Col: “This match is a good thing for the sport of sailing; it will help the evolution of the technology. I am not convinced about the sporting aspects of the event, but the AC has always been a technological challenge. Now will it change the face of sailing? I don’t think so. It is giving too much importance to the America’s Cup. Sailing offers other disciplines that are great; it is a very rich sport.”


Will the DoG be an eye-opener for the

yacht racing community, particularly in the UK or USA

(who don’t seem to have developed much interest for multihulls yet).

Groupama 3 (c) Guilain GRENIER / Sea & Co
Tim Jeffery: This will be sailing’s 15 minutes of fame. The Battling Billionaire story line will muscle its way into mainstream news. Briefly. And only as a novelty.

Cam Lewis: “I hope so, do not BLINK!
The rich guys in the USA and UK dominate the sports biggest races, most of them have come from a conservative Yacht Club background and most of their sailing/project managers do too. Multihulls have not had much acceptance at these types of clubs, similar to windsurfing and now kite surfing. Just last week on an old movie prop fashioned from some old Orma 60 trimaran molds for the movie Waterworld, we beat the fastest boat on the west coast of the USA by almost 2 hours in a 125 mile race – do the math!
These rich guys need exposure to multihulls!  That’s what theirs kids will be racing as long as they pay attention in school!
So yes it will be an eye-opener.

Loic Le Bras: “Absolutely ! Even if the DoG match doesn’t take place, the American trimaran has already opened up some minds to another way of sailing. The match will reinforce this interest, particularly within the Anglo-Saxon community. They will realise that we can go very fast on the water. I am proud of this as a French man: this dual has already highlighted the French “savoir-faire” amongst the architects and skippers.

Paolo Cian: “It’s difficult to predict what effect it will have on the future of yacht racing. For sure it will open people’s minds. There will be two monsters racing, and it is the first time such a regatta will take place; it will definitely be something to see! But a good match race takes place only with boats that tack and jibe well and it’s not the case with multihull.”

Sébastien Col: “It is difficult for a French person to answer this question. For us, multihull racing is something normal and I just can’t understand why there is no multihull racing in the Olympic Games; it’s absurd. Having said this, I wouldn’t say multihull are the future of sailing. It’s just one part of it.”

Will it be difficult to revert to a conventional

America’s Cup, on “slow” boats?

BMW ORACLE Racing 90 (c) Gilles Martin-Raget / BMW ORACLE Racing – All Rights Reserved
Tim Jeffery: No. A successful Cup needs a reasonable number of competitors. The bar will be re-set accordingly.

Cam Lewis: “No, see reasons above, most of the money and most of the sailors have most of their experience in these types of boats – slow – read job security!

Loic Le Bras: “I don’t think so. This dual must remain exceptional, as was the 1988 miss-match. I hope it will allow a new start for the next twenty years, as was the case with the Class Americas. The America’s Cup is a match race contest and multihulls are not a good support for this type of racing. They are too slow on tacks and the differences in speed are too big. Match racing is fascinating when the boats sail in contact, which is not possible with multihulls.

Paolo Cian: “I wouldn’t say the Cup boats are slow. I think we will easily get back to monohull after the DoG match, but for sure the rule needs to change.”

Sébastien Col: “I hope that the Cup will take place on fast boats and will be sailed with a conventional format. The problem is that we can’t plan anything. Whoever wins, we don’t know what they are going to do and I am not sure we can trust what they say. On top of this, the legal conflict could very well carry on after the Deed of Gift match. The spirit is currently very bad.”


Any other comments about this match?

Tim Jeffery: Think of this DoG match as further embellishment of the Cup’s illustrious history. A Civil War, two World Wars, several depressions have failed to strangle it. A court case certainly won’t.

Cam Lewis: “Reiterate- DO NOT BLINK it will be a wild day when these two groups line up and race! WOW – Racing fast boats fast is what it is all about. Get out of the courts, get out on the water and duke it out!
Plus: I am ready to sail on either team, would prefer to sail with the USA team, but will consider working with either team. Got to love it!

Loic Le Bras: “May the best team win.”

Paolo Cian: “I think it is more interesting to have an America’s Cup in Europe than in the States. Whatever happens, I personally hope that the event will stay in Europe after the DoG match.”

Sébastien Col: “I would like this match to take place rapidly and then to turn the page. This is surely an important moment in the history of the America’s Cup. I really look forward to seeing those boats racing. There will surely be a lot to learn from this.”

more here

Société Nautique de Genève welcomes 33rd America’s Cup Notice of Challenge from Italy
Mercoledì 13 Maggio 2009 09:43

Riceviamo dalla Société Nautique de Genève questa comunicazione che pubblichiamo.

The Defender of the 33rd America’s Cup, the Société Nautique de Genève (SNG), today received an official Notice of Challenge from the Circolo i Vela Gargnano (CVG-GreenComm Challenge) with a certificate for a 0x90foot vessel as per the Golden Gate / BMW Oracle Racing challenge for the 33rd America’s Cup.

SNG welcomes the Italian entry; CVG was a challenger in the 32nd
America’s Cup and is world renowned for its prestigious Centomiglia
regatta. It has now challenged with a multihull as per the Golden Gate
Yacht Club Challenge.
SNG and Alinghi have always supported a multi-challenger event and
continue to do so. At a meeting on 23 April, the Swiss Defender asked
the American Challenger of Record to open the challenger selection
series. SNG continues to encourage a 33rd America’s Cup with multiple
teams from different nations; however the decision to accept the
Italian challenge in a multihull lies with the Golden Gate Yacht Club
and BMW Oracle Racing.

La Société Nautique de Genève da il benvenuto alla sfida italiana alla
33a America’s Cup

Il Defender della 33a America’s Cup, la Société Nautique de Genève
(SNG), ha ricevuto oggi una sfida ufficiale dal Circolo Vela Gargnano
(CVG-GreenComm Challenge). L’imbarcazione dichiarata e di 90*90 piedi,
le stesse dimensioni della sfida alla 33a America’s Cup già presentata
dal Golden Gate / BMW Oracle.
SNG da il benvenuto alla sfida italiana. iL CVG era già stato uno dei
challenger della 32a America’s Cup ed è ben conosciuto nel mondo per
l’organizzazione della Centomiglia. Il Circolo ha ora presentato la
sfida sui multiscafi come quella del Golden Gate Yacht Club.
SNG e Alinghi hanno sempre sostenuto l’organizzazione di un evento
multichallenge e continuano a farlo. Nel corso del meeting del 23
Aprile, il Defender svizzero aveva chiesto al Challenger of Record
americano di aprire le regate dei challenger ad altri partecipanti.
SNG continua a sostenere una 33a America’s Cup con molti partecipanti
provenienti da diverse nazioni. Tuttavia la decisione di accettare o
meno la sfida italiana sui multiscafi è del Golden Gate Yacht Club e
di BMW Oracle Racing.

more here

more news from the Club here

letter to SNG here notice of challenge green comm


Published: Sunday, July 31, 1988

When Dennis Conner’s twin-hulled catamaran and Michael Fay’s elongated sloop meet in the America’s Cup match Sept. 7, they are likely to encounter an uninvited guest.

The outsider will look strange compared with the two competitors. The birdlike craft is a product of British ingenuity, a 65-foot sailboat that banks like an airplane and falls over like a top. It was to be Peter de Savary’s hope for a 1988 America’s Cup challenge until a New York court closed the door last week on British involvement. De Savary, a British businessman, and the British Blue Arrow yachting syndicate he leads, have decided to ship the boat to San Diego anyway.

”We want to make sure everyone is battle-hardened for the next time,” David Redfern, a syndicate spokesman, said by telephone from London. ”If the America’s Cup stays in San Diego, we want to be familiar with the area. We’ve got a team of people, sailors, backup crew and others, ready to go.” The syndicate plans to send 50 people to San Diego next month.

The British boat will be flown to San Diego instead of traveling by cargo ship, as did New Zealand’s 133-foot monohull. The British sailboat comes apart for shipping like a Lego toy. The yacht is extremely narrow, about the width of a canoe, at 2 feet 7 inches. The hull supports an 80-foot crossbeam with flipperlike winglets at each end. The crossbar moves 1 foot fore and aft on hydraulic rams to stabilize the boat under sail. Designers call it a sliding keel. Flotation bags under each side of the crossbar keep the boat from tipping over at the dock. A woven trampoline stretches from the crossbeam to the stern of the boat to serve as a platform for the crew.

Derek Clark, chief designer, maneuvers the keel winglets by hydraulics, moving one up as the other points downward in the water. The winglet keels counteract the power of the wind in the sails to keep the ultralight boat upright. The craft reportedly weighs about 5,000 pounds; a standard monohull of that length could be expected to weigh close to 60,000 pounds.

The futuristic boat, which was launched in England two weeks ago, took 13 weeks to build at a cost of about $1.6 million, said Redfern. In limited tests, the yacht has sailed at 18 knots in a 10-knot breeze, equal to the speeds expected of both the New Zealand and San Diego boats. It can also tack quickly, said Redfern, and turn almost within its length.

De Savary gained approval from Fay last winter to compete in an America’s Cup sail-off. But once Fay learned details of the British design, he withdrew his permission under rights he claims as the official challenger.

The New York State Supreme Court ended Britain’s plans for 1988 by ruling last week against the Royal Burnham Yacht Club, Blue Arrow’s club sponsor. The club aligned itself with the San Diego Yacht Club, the America’s Cup defender, in asking for recognition as a challenger. Redfern said the syndicate planned to stay involved in cup campaigns at least through 1991. The group’s major financial support comes from Blue Arrow, an international employment agency, and de Savary.

”This time last year there were 22 challengers for the America’s Cup in 12-Meters,” said Redfern. ”We’re the only ones that stuck in there. We think the America’s Cup is not 12-Meters, it’s what’s there at the time. No matter what happens next, we’ll be ready to go.”

Cory E. Friedman/Scuttlebutt

Part 38 – Wedgies and Gun Jumping
“Don’t get mad, get even.” – John Fitzgerald Kennedy.
“Stuff happens and it’s untidy,. . . .” – Donald Rumsfeld.

(May 12, 2009) For many years I have known a Star sailor who is not a good loser. In his prime, if he lost a club race he was out of sorts for the rest of the week. Nevertheless he has always been a gracious loser – one of the marks of a real gentleman sportsman. Did anyone expect behavior like that from Société Nautique De Genève (SNG) after its 6-0 drubbing in the New York Court of Appeals? Fugedaboudit. Instead, SNG has devoted all of its efforts to giving Golden Gate Yacht Club (GGYC) a wedgie. Unfortunately, GGYC may be forgetting JFK’s famous advice and rising to the bait.

If anyone has forgotten, the Court of Appeals remanded the case to the Commercial Division, which then entered judgment that provides that the Match be held 10 months hence (February 7 or 8 depending on which side is doing the calculating), that it be held in Valencia or wherever SNG chooses, and that SNG provide GGYC 6 months’ notice (August 7 or 8) of the venue. The order is about as clear as an order can get. While SNG claims that its argument that no match may be held before May was never considered because of the “procedural posture” of the appeals, the short answer is that it was considered by Justice Cahn and the reason it was not considered by the Appellate Division or the Court of Appeals is that SNG dropped the ball and did not press the issue on appeal or cross appeal. Even if the judgment is totally wrong (it is not), that is the judgment and SNG has to suck it up and comply. SNG can tell it to the chaplain.

In their approach to the May 14, 2009 hearing, not only is SNG’s argument frivolous (in the sense of the legal term of art), it is also disrespectful of the Court, contemptuous of the Court’s authority and contumacious. However, at the very end of a pretty random brief, SNG finally reached the one response that is obvious before one even opens the brief – SNG is not yet in contempt of court, because it has yet to violate a provision of the judgment. The first requirement it has to comply with will not ripen until August 7 or 8 when it must specify the venue. Until then, it can flip off the Court and otherwise behave like a South Park character with impunity.

GGYC has jumped the gun. Its remedy is to hold its fire until August 8 and, if it does not receive notification of the venue for a February 7 or 8 Match, immediately move by order to show cause for a contempt award entering a Match default. SNG may get a short period to purge its default, but would be playing with fire. What the present contempt motion may accomplish is to put SNG on notice that it better comply with the judgment, which would make non-compliance more like playing with a nuclear weapon than playing with fire.

SNG’s suggestion that the Court provide it with an advisory opinion that a February Match in Valencia will comply with the Deed is pretty farfetched. Courts do not give legal advice regarding how to comply with a judgment, especially in a completely incorrect procedural context. That is what SNG is paying its lawyers to do. Despite what their brief says, their privileged advice has to be to err on the side of caution when complying with the judgment. No lawyer in his or her right mind will counsel possible contempt. Indeed, under the crime/fraud exception, such advice may not even be privileged.

SNG’s cross motion to disqualify GGYC is also frivolous. As GGYC cogently lays out, it is not permitted to apply for a Certificate of Documentation (“CoD”), the modern version the Custom House registry required by the Deed, until its boat is completed and that the practice has been that “as soon as possible” has usually been much closer to the match and has even been fewer than two weeks before the match in the case of Shamrock II in 1901. In this case, GGYC’s boat is not completed and may even be disassembled for revision.

With virtually nothing relevant to say, SNG lards its brief with a real howler. As everyone surely knows, both teams have been following each other around with telephoto lenses hoping to catch photos of topless boats to sell to the supermarket tabloids. That sort of thing is so pedestrian that the auto press is usually filled with pictures of disguised test models of coming sports cars and the supermarket checkout lines are filled with pictures of overweight celebrities in embarrassing situations. There is even a mini industry of photographers sitting in lawn chairs outside the perimeter of the Air Force’s top secret skunk works in the Nevada desert attempting to take pictures of top secret Air Force/CIA aircraft.

Given that the Chinese were able to steal many terabytes of top secret Joint Strike Force flight data from a high security Department of Defense server, it would be shocking to learn that both teams are not engaging in far more sophisticated industrial espionage than taking pictures. They probably do everything including surreptitious colonoscopies on each other.

In any event, SNG followed an Oracle sailor around filming him with a video camera as he pursued his spying. The plot was to use pictures he took, a rangefinder (like sailors, golfers and hunters use) and a GPS to figure out how big SNG’s assembly structure is. That is supposed to provide some insight into how big the boat is. Of course, all it might really tell you is how many people are coming to the barbecue. Indeed, high resolution commercial satellite photos of the SNG structure are readily available at moderate cost on the web, so the whole thing is probably a decoy. Although SNG has been telling the press the Oracle perp was in a “non-public area,” (whatever that means – perhaps the neighbor’s property), Lucien Masmejan’s affidavit does not swear that he was trespassing on SNG property.

In any event, SNG swore out some sort of Swiss criminal complaint (stop me if I start blathering about Swiss law, about which I am ignorant) and the Swiss prosecutors issued a rogatory to the French flics, who conducted what appears in the original French transcript to be little more than an interview of the alleged perp. Although the certified translation SNG provides subtly hypes the terminology, there is no indication the subject was “detained” as SNG claims in any custodial sense, as a US cop would understand the term. The alleged perp basically said (undoubtedly on advice of counsel): “Yeah, I did it. So what? They’ve been doing the same thing to us.”

In the US, taking pictures of something out in the open could not possibly be criminal. It probably could not be tortious either, unless you did something like use a plane to take pictures of someone sunbathing topless behind a fence, but that is because you are invading a natural person’s privacy, rather than that of an industrial operation. US law is generally that, if you want to protect a trade secret, you have to keep it secret. Allowing someone to observe your secret as you make a movie of him observing the secret does not cut it. As SNG does not allege a burglary or anything more serious than failure to keep off the grass, the whole incident sounds like complete piffle. Without any evidence that a real live crime was committed, a US judge will likely pay zero attention. Naturally, the “press,” in its infinite laziness, is mindlessly recycling SNG’s version of the story without reading or thinking about the supporting – or not so supporting – documents.

About the only thing really worth noting is that it is nice to see Jim Kearney’s and Aaron Siri’s distinctive prose in the GGYC papers again. After the freakish loss in the Appellate Division, Jim honorably fell on his sword. While that did not seem fair at the time, as the bizarre result in the Appellate Division was not his fault, stepping aside was highly professional – and very unusual in today’s world in which no one ever takes responsibility. It turned out to be a brilliant move, as it allowed his partner Maureen Mahoney to do such a stellar job in the Court of Appeals. Thus, there is evidence of justice in the universe.

While the May 14th hearing will probably amount to little, what we are seeing does not augur well. There is a great deal that needs to be worked out before two 40+ kt boats with this much mass get around a course without anyone getting killed. Wedgies are not going to get that accomplished.

more here

Once again the sleuths at Sailing Anarchy are in the thick of the action. I reckon these guys could find a brown mouse in the desert when it farts.

In yet another absolutely bizarre move from the desk of Alinghi lawyer Lucien Masmejan, SNG today filed an affidavit with the NY Supreme Court that has to be the strangest yet. The 39-page document adds only one thing to the record; a transcript of an interview between French police and BMW sail design team member Jean Antoine Bonnaveau. It gets weirder: The transcript claims that Bonnaveau is being questioned in connection with a complaint (from an unnamed source) that he was ‘violating privacy using a camera.’

A quick reading of the transcript reveals that Bonnaveau’s job was to learn more about the now-infamous VAB tent in Villeneuve – its size and feasibility for building a DoGmaran. It also reveals that the ‘spy’ was never on Alinghi’s property at all. Unsurprisingly, no charges have been filed by the French even though Bonnaveau was questioned almost two weeks ago. Read on.

Ellison Hired Yachting Spy Team, Alinghi Says in Court Papers

By Aaron Kuriloff and Patricia Hurtado

May 12 (Bloomberg) — Larry Ellison’s America’s Cup team hired spies to dig up information on the defending champions’ boat, according to court papers filed by the Swiss syndicate that holds yachting’s oldest trophy.

Billionaire Ernesto Bertarelli’s Alinghi team alleged that they caught a spy hired by Ellison’s BMW-Oracle Racing with a camera on Swiss property last month, and that the person later admitted he was part of an espionage squad hired “to illegally break into facilities to take photographs and secure information about the defense boat.”

Jean Eagleson, a spokeswoman for BMW-Oracle racing, didn’t immediately return a voicemail message left on her mobile phone seeking a comment on Alinghi’s allegations.

Jean Antoine Bonnaveau, a French national living in Spain, told police he was functioning as part of a BMW-Oracle “recon cell” when he visited and photographed Alinghi’s construction facility in the Swiss Villeneuve highlands on April 28-29, according to papers filed yesterday in New York State Supreme Court in Manhattan.

“I specify that I was officially authorized by my company to carry out this reconnaissance,” he told police, according to a report from Montpellier, France, that was included in the court filing. “In fact, I am part of the design team but the entire staff can provide useful information, particularly on opposing teams. We call that a ‘recon cell’ for reconnaissance.”

Private Photographs

Paco Latorre, a spokesman for Alinghi, said team employees saw Bonnaveau taking photographs at the facility in an area that wasn’t public and eventually filmed him and his car, tracking him down in southern France where he was interviewed. Latorre said French and Swiss authorities are investigating the case.

Bonnaveau told police that he was hired by BMW-Oracle in December 2007 as a sail analyst and received a salary of 10,000 euros ($13,600) a month. He said he didn’t think his activities were criminal or outside the bounds of America’s Cup competition.

“Being insistent and bothersome in order to obtain technical and sport-related information on the competition has been a part of the event for 150 years,” he said.

The papers were filed in connection with a hearing scheduled for May 14 in New York State Supreme Court before Justice Shirley Kornreich. The hearing is part of an almost two- year legal fight between Ellison and Bertarelli over the rules for the 157-year-old event.

The case is Golden Gate Yacht Club v. Societe Nautique de Geneve, 602446/2007, New York Supreme Court (Manhattan).

and read the rest of the forums here

The Cup plot thickens


BYM Magazine – 33rd America’s Cup

Who owns the America’s Cup?

by Marian Martin

America’s Cup historians have written a great deal about the origins of the America’s Cup Deed of Gift and, in the process, George L. Schuyler has been elevated to something close to the yachting equivalent of sainthood and his Deed of Gift has become a near sacred document. Only last month, John “Chink” Longley – a crew member on five Alan Bond campaigns – was inducted into the America’s Cup Hall of Fame and ended his speech with a quote from Laurent Esquier, in reference to the author of the Deed of Gift: “The spirit of George Schuyler will prevail, and the Cup will be alright.”

There are plenty of question marks hanging over the George L. Schuyler Trust. We can start with the fact that, according to official records, it is listed as being set up inter vivos, but in 1857 charitable trusts were not legal in New York. It was only after the Tilden Act was passed, in 1893, that it became legally possible to set up such a trust and Schuyler had been dead for three years by then.

There are plenty of other anomalies, plenty of reasons to question the jurisdiction of the New York Supreme Court, but the biggest question of all is this:
Where is the first Deed of Gift, signed by John Cox Stevens, Edwin Augustus Stevens, John Beekman Finlay, Hamilton Wilkes and George Schuyler?
The October 1st 1851 dinner, organised at Astor House by the New York Yacht Club, in honour of John Cox Stevens was a time for celebration. The Queen’s Cup (as it was then called) was proudly displayed on the table and, when the speeches of congratulations were over, the talk turned to what was to become of the trophy. It was idle, good humoured chat; should it become a NYYC trophy, or would it be better to melt it down and cast commemorative medals.
George Schuyler took the idea of the Cup becoming a trophy very seriously. He drafted some proposed terms for a competition and met with the other owners, some time after that dinner. Some changes were suggested and the other owners said they would meet Schuyler again after he had amended his original draft.
It wasn’t until the following spring that the meeting took place and, this time, only two owners were present, John Beekman Finlay and George Schulyer. Hamilton Wilkes was dying in Pau, France, but his attorney William Laight attended and all three signed a letter to the NYYC, gifting the Cup on terms agreed among themselves. The letter was then sent to John Cox Stevens for him and his brother, Edwin, to sign, but did they? If they did, where is it?
In fact, any talk of a future America’s Cup competition seems to have faded from the New York yachting scene until a few weeks after John Cox Stevens had died, on June 13, 1857. Then George Schuyler got out an unsigned copy of his 1852 letter, made a few alterations and sent it to the New York Yacht Club. It seems the lack of signatures was viewed with a blind eye, on the grounds that this what everyone had intended.
The Cup was duly accepted, despite the fact that the evidence – or absence of evidence – suggests that two of the Cup’s owners had never, formally, agreed to gift it and, of the other two, Hamilton Wilkes was dead and there is no indication that Jack Finlay was ever asked to approve Schuyler’s final version, nor that Wilkes’ heirs were consulted.

more here

1887 Deed of Gift

part one here

Alinghi SUI 1 and Okalys-Corum fought for the title of the Grand-Prix Corum until the last leg.

In Geneva, the titans fight took place between Okalys-Corum of Nicolas Grange and Alinghi SUI 1 of Ernesto Bertarelli. After a two day regatta, it’s Okalys-Corum who was leading by one point. The two legs of the day have changed all the rankings. In total, the twelve D35 will have run 6 legs. Geneva 10th may 2009 – Like yesterday, the day started by a long wait. A beginning of wind arrived at about 12h15, which put all the teams of the Challenge Julius Baer in movement. A first leg won by Okalys-Corum, helmed by Loïck Peyron had been launched at 13h45 with a wind between 5 and 10 knots. Alinghi SU 1 ended just behind thanks to its great larboard start, the sails went just passed the start boat. One hour later, the decisive leg started in a weakened wind and nearly not existing for the last competitors. After a shortcut, Alinghi SUI1 won the leg, as well as the Grand-Prix Corum. Just behind Zebra 7, the crew of young people led by Denis Girardet, then Julius-Baer of Philippe Cardis. This week-end didn’t stop changing between a non existing wind and a strong, nearly to strong wind. It devoted Alinghi SUI 1 of Ernesto Bertarelli, who confirms its victory of the Challenge Julius Baer 2008 despite its multiple reinforcements of the crew. Okalys-Corum from Nicolas Grange finished at the second place just under the wire. This team which hasn’t changed since 4 years proves that the experience of the D35 and of the water plan stays most important. On the 3rd step of the podium, we find Julius Baer which has been powered up by 4 teams from Courrier dunkerk into Mumm 30 Alain Gautier on Foncia ends for his part at one place of the podium. He’s followed by Zen Too from Guy Picciotto, assisted by Pierre Pennec. Newly arrived on the race, Alinghi SUI 6, with on its board the kernel of Alinghi from the America’s Cup and Veltigroup from Marco Simeoni helmed by Stève Ravussin, classify respectively at the 6th and 7th place. Alinghi SUI 6 ends at one place which partially reflects their verry good end of regatta. The girls of Ladycat from Dona Bertarelli Spaeth and helmed by Karine Fauconnier are at the 8th place despite their exceptional second place in very rough conditions. The youngest team of the Grand-Prix Corum, also finished their regatta at the second place, and classify 9th of the general classification. At the 10th place, we find Smarthome from Christian Michel, followed by Banque Populaire, helmed by Pascal Bidégorry. He is new in the Challenge and achieved his first regatta in Geneva., which capsized on the first day without doing any damage, ends the Grand-Prix at the 12th place. Don’t miss the following of the Challenge Julius Baer the 23rd and 24th of May with the Grand-Prix Act 1 in Rolle!

more here

1      SUI-1      Alinghi SUI 1      13pt
2     SUI-2     Okalys-Corum     16pts
3     SUI-3     Julius Baer     18pts
4     SUI-5     Foncia     21pts
5     SUI-4     Zen Too     22pts
6     SUI-6     Alinghi SUI 6     24pts
7     SUI-11     Veltigroup     28pts
8     SUI-10     Ladycat     32pts
9     SUI-7     Zebra 7     37pts
10     SUI-9     Smarthome     39pts
11     SUI-12     Banque Populaire     39pts
12     SUI-8     58pts

Spies Like Us

We know you’ve been following the America’s Cup Anarchists’ valiant attempt at international espionage as they piece together what Alinghi’s DoG monster might look like, and it turns out the French-speaking media are as well. The popular French-language AC blog “Tribormat” has been following it so closely that he’s using the pics shot by our spies to call out his neighbors in Switzerland, asking them to get on the ground and find out more. If you’re somewhere near Villeneuve and you know something, tell us – we’ve got some major swag for anyone who gets us something worthwhile.

more here

L’autre équipage du defender, barré par Ed Baird, termine à une plus modeste sixième place. Il faut dire que la concurrence est importante avec la présence de nombreux champions français en manque de régate après l’arrêt du circuit ORMA (60 pieds Open). On note par exemple la présence de Loïc Peyron (Team Okalys-Corum, 2ème), Franck Cammas (Zen Too, 5ème), Alain Gautier avec Desjoyeaux (Foncia, 4ème), et Pascal Bidégorry (Banque Populaire, 11ème). On reverra une bonne partie de ces marins la semaine prochaine pour le circuit IShare en cata X40 à Venise.

Pas très loin de cette régate se joue une autre course. Une course contre la montre pour construire au plus vite CheeseZilla, le monstre qui va devoir affronter DoGzilla l’année prochaine pour une Coupe de l’America selon le Deed Of Gift. Nous avions vu il y a quelques semaines le début de montage des tentes pour son assemblage, grâce à Leloublan voici de nouvelles photos de ces tentes où l’on travaille même le week end.


The other crew of the defender, blocked by Ed Baird, ends on a more modest sixth place. It is necessary to say that competition is important with the presence of numerous French champions in lack of regatta after the stopping of the circuit ORMA (60 feet Open). They note the presence of Loïc Peyron for instance (Team Okalys-Corum, 2nd), Franck Cammas (Zen Too, 5th), Alain Gautier with Desjoyeaux (Foncia, 4th), and Pascal Bidégorry (popular, 11th Bank). They will see again a good party of these sailors next week for circuit IShare in cata X40 in Venice.

Not very far from this regatta another running is played. A race against the clock to construct CheeseZilla as quickly as possible, the monster which is going to have to confront DoGzilla next year for a Cup of America according to the Deed Of Gift. We had seen some weeks ago the beginning of assemblage of tents for its assemblage, thanks to Leloublan here is of new photographs of these tents where they work the week end even.

more here


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