richardgladwell

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About richardgladwell

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  1. richardgladwell

    Race Course for AC

    The wider area has not been explained, but is likely to be the area controlled by ACE and the Harbourmaster, which means they can control vessels with and without privilege flags, plus declare other space limitations during training probably from Aug 1, 2020. Course A is likely for NE and SW and has plenty of orientation options, it does have some obstructions with seabed telecom cables which dictate (currently) mark laying and vessel anchorage. Easiest for public shore viewing and access. Course B is likely to be little used except in the case of a NW-SE breeze which is not a common direction during the period of the Cup regattas. Moderately accessible for shore viewing, provided there is some cliff edge tree trimming. Course C is likely to be SW-NE, but is split by the obstructions of Bean Rock and reefs (Not shown except on charts). Plus North Head is a significant wind influence. It is also the area of the course which is most affected by tide. Badly affected by Rangitoto in a NE breeze, and particularly on a hot day. Difficult for public access due to traffic congestion and only one road in and out. Access by ferry and walk is a better option. Course D is a foul weather alternative - probably for a strong westerly, in a strong easterly it is not particularly sheltered. Minimal obstructions. No undersea cables. Course E is a foul weather alternative (dependent on being able to get the AC75's to the location). It is the area known as "The Paddock" and used by ETNZ for training. Has some land influence but not too much. Also some tidal influence particularly around the west. Also has an Island obstruction and substantial reef on its western edge (again not shown) with substantial tidal influence. RG
  2. richardgladwell

    New Olympic Dinghy Selection

    The lawyers didn't play judge on the outcome. However their advice was clear that in this situation enforcement of trademark was a lot stronger than copyright on a construction manual. LP has been very clever in the way they have blotted up the trademark rights in various territories (claiming 85% of the sailing world) and are now in a strong position. Plus they appear to have EurILCA support. Interestingly "Lasers" are still sailing in the various international championships using the Sunburst insignia. I just think we all have to wait and see how all this plays out over the next couple on months, and then see what WS does come August 1. ILCA have to get more builders signed by August 1. LP supplied Lasers are being used at the Youth Worlds in Poland in July. RS:X sailors have to bring their own gear as NeilPryde are apparently not supplying the RS;X gear. RG
  3. richardgladwell

    New Olympic Dinghy Selection

    I think you will find that multi-page document is intended mainly for EU eyes. From what I have been able to research WS talks a lot about FRAND without defining what it actually means. Except i am sure I am sure I read somewhere in the WS FRAND writings that "it is expected that there will be multiple licenced builders in the same territory". To me that sums it up, provided there is also competitive pricing. Having multiple builders in the same territory for an Olympic class may not be commercially practical - but that is not really a concern of WS or the EU. In a mature competitive market for Olympic classes, it usually settles down to be like the Finn class with a dominant single builder like Devoti. But then WS try and claim that the Finn class has an Olympic event monopoly, and flick around the argument that Devoti has a monopoly in that monopoly. From what I have been told by the lawyers a designer can't protect their design by copyright, however they can protect a class (Olympic or otherwise) by obtaining a trademark on the class symbol and words and registering that trademark in the territories they wish. RG
  4. richardgladwell

    New Olympic Dinghy Selection

    Greetings I have queried two, maybe three lawyers on the Laser/ILCA issues. The lawyers were based in different countries/jurisdictions to check if there were variances in law and interpretation. Both were copyright/patent/trademark specialists. One was intimately familiar with the Laser/ILCA situation and had been following the issue for years, and was not surprised to see this particular pot boil over. The other was from outside sailing and responded to a series of written questions. The key takeouts were (sorry I am going off memory and a few notes): 1. You can't claim copyright a boat design. Copyright law varies tremendously from country to country - UK law is different from Europe. In some countries you can start producing "knock-offs" as soon the first 3D architecture is publicly viewed, at the other extreme in others you have to wait three months. 2. You can patent any part of a boat that you have designed and which is unique (and not an obvious development). 3. Trademark (symbol and words) are much more powerful and can be enforced, in any country for which you have the trademark. LP seem to be in a strong position on this (which ILCA seem to have conceded). LP sells several other classes with Laser in their title. 4. The question was then raised as to whether a company like LP could continue to build boats from the Laser tooling (except for any part that were covered by patents by others) and sell those as Lasers, for which they held the trademark rights (or a licence for use). It seemed that was possible, however unless they had sign-off from the appropriate bodies they couldn't sell these as ILCA/Lasers ie the buyer had to clearly understand that they could not turn up at an ILCA event and try to claim they had a legal ILCA/Laser. LP did go down the path of selling their stock of boats as Club Lasers - but they were not street-legal ILCA/Lasers. Passing off is illegal. The Club Lasers could not carry ILCA/Laser plaques or an imitation. The customer clearly has to know what they are buying. 5. The comment was made that maybe ILCA's Construction Manual was not as strong in copyright as ILCA seemed to think. 6. ILCA could do what they are doing which is to bring in new builders in LP territories, and could licence these builders who could in turn get building plaques subject to point 7. 7. ILCA has to make any changes to the Constitution and Rules within the constraints of the two documents. The Constitution (Clause 17c) requires a two thirds majority by a postal ballot within a six month time limit. ILCA's members are 14,000 so if they issues a ballot they could move as soon as they had 9240 ballots returned in favour of the changes. ILCA may be able to enact changes without requiring a formal membership vote using the powers it has in the World Council. Interestingly under Clause 15 ILCA has an "Advisory Council, comprising The President and Vice-President and two persons nominated by the Trademark owners (LP), but PSA and PSJ in Oceania, Japan and Korea. There is obviously a lot of shadow boxing that can be done around this issue. It just remains to be seen what the various parties do and the direction of travel, and as usual there will be as many legal opinions as there are lawyers. The usual process is for the class officers to work out what they want to do, and then get legal advice as to how they can achieve it. World Sailing requires Olympic Contracts to be agreed by August 1, 2019 - the impact of that deadline on the situation and party's options remains to be seen. It would seem to preclude a protracted legal battle. RG
  5. richardgladwell

    New Olympic Dinghy Selection

    Greetings I disagree with the proposed Governance Proposal to the extent that I don't believe I could write about it and don't intend to do an interview on it as it would just descend into a debate - and that is not easy (for me anyway) to convert into a story. The proposed system is driven by a nominating committee. That and what flows from that, is my biggest objection. It is good to see that representation on an Olympic Council will be based on places achieved at an Olympic Regatta. I don't believe the Emerging Nations need a say at this level - provided they can achieve Olympic Qualification at a Regional Games held within their region from which the "Developed" nations are excluded for Olympic Qualification purposes. Anyone who has worked as I have at all levels of administration in the sport except on an IYRU, ISAF, WS committee can see the direction this proposal will take the sport, but because the sailors are so intimidated by the administration they will not speak up. The current system does have some flaws in the way people are expected to digest a lot of material in a short space of time. But with better linking and indexing along with greater transparency, it would be easier to comprehend and understand. We saw the effects in the weekend of what can be achieved when a sailor of Dorian van Rijsselburghe's achievement and standing in the sport does speak out. Maybe if others take Dorian's lead, then they will get some airplay and we can pick it up from there. World Sailing's biggest issue is the proliferation of Conflict of Interest, and this isn't addressed in an effective way at present, or under the Proposed plan. Good sailing! RG
  6. richardgladwell

    AC36 Auckland NZ

    If you read through the Environment Court documents online and elsewhere that are not online, you will see that the Design Requirements for the bases were devised by a six member panel consisting of two people from Panuku Developments, two from Auckland Council, one from VHHL and one from the Point Apartments. The 13 pages of DR were not produced until the third day of mediation after Mirko had flown home.
  7. richardgladwell

    Teams?

    The story came from a Media Release issued by the team issued around 0700 NZT on Wednesday morning. As you would be aware ETNZ/RNZYS won't announce entries until after June 30. Until then it is up to the teams to make their own announcement if they wish - which is what Adelasia di Torres have done. Why would we make up a story like this? It is the first we have run on this team. Challenging for the America's Cup does involve outlaying some serious non-refundable money. Plus in NZ we are bound by strict libel laws and can't just say anything with complete legal impunity as seems to happen in some other jurisdictions.