Larry's kick at the cat

luminary

Anarchist
714
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Well, my guess is that LE and co. figure they have nothing to lose by waiting for the judge's decision. If he rules for GGYC, they win and get a 50:50 shot at the cup (with RC et al in the team that must feel pretty good - and deliver excellent marketing return for BMW/Oracle for the next 18 months),

or alternatively the judge goes with Alinghi, BMWO signs up, and everybody gets a crack at it in 2009.

Either way BMWO is in the game. If I were LE, the surest way to win the cup would be to let the case go to court and hope that he sides with GGYC.

Regardless, he is not going to settle because there is nothing to gain by settling.

 

Brian Weslake

Super Anarchist
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Well, my guess is that LE and co. figure they have nothing to lose by waiting for the judge's decision. If he rules for GGYC, they win and get a 50:50 shot at the cup (with RC et al in the team that must feel pretty good - and deliver excellent marketing return for BMW/Oracle for the next 18 months),
or alternatively the judge goes with Alinghi, BMWO signs up, and everybody gets a crack at it in 2009.

Either way BMWO is in the game. If I were LE, the surest way to win the cup would be to let the case go to court and hope that he sides with GGYC.

Regardless, he is not going to settle because there is nothing to gain by settling.
Option 3: Oracle loses courtcase, Alinghi tell them not to bother entering.

 

Stingray

Super Anarchist
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PNW
Option 3: Oracle loses courtcase, Alinghi tell them not to bother entering.
If that happens? Nobody with balls who cares honestly about winning will enter for the next cycle.

Alinghi will be more than happy to lead a silly parade of advertising banners around the course.

They will not get away with that format.

 
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RHough

Super Anarchist
If that happens? Nobody with balls who cares honestly about winning will enter for the next cycle.
Alinghi will be more than happy to lead a silly parade of advertising banners around the course.

They will not get away with that format.
Yep, for AC33 to be a success, Alinghi needs BMWO to play. If Alinghi can show that AC33 is fair to all, BMWO will be forced to compete or lose any credibility they have.

 

Speng

Super Anarchist
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Cincinnati, OH
If BMWO looses the court case Alinghi can't deny them entry...

... that would lead to another court case as the Deed requires the Defender to accept all challenges. Even the current (shit) protocol says that ACM or whoever can only refuse a challenger if they think they wouldn't be competitive or something to that extent. I don't think BMWO would fall into the non-competitive group.

 

MrD

Anarchist
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so cal
If BMWO looses the court case Alinghi can't deny them entry...... that would lead to another court case as the Deed requires the Defender to accept all challenges. Even the current (shit) protocol says that ACM or whoever can only refuse a challenger if they think they wouldn't be competitive or something to that extent. I don't think BMWO would fall into the non-competitive group.
If BMWO loses in court, then CNEV is the challenger, and Alinghi has accepted their challenge. There is nothing in the DOG that says the defender has to accept more than one challenger at a time.

 

SimonN

Super Anarchist
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Sydney ex London
If BMWO looses the court case Alinghi can't deny them entry...... that would lead to another court case as the Deed requires the Defender to accept all challenges. Even the current (shit) protocol says that ACM or whoever can only refuse a challenger if they think they wouldn't be competitive or something to that extent. I don't think BMWO would fall into the non-competitive group.
The DoG only allows for one challenger at a time, unless changed by mutual consent. Therefore, to see whether BMWO could enter, that is the document, not the DoG. And in that document is a very clear clause that allows any challenger to be thrown out for challenging the Protocol in court. I wonder what BMWO are doing at the moment? There seems little doubt that an entry from BMWO could be refused, although I personally doubt it would be.

 

ntman

Super Anarchist
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I agree simonn that it would be unlikely that they would be excluded. Of course BMWO isn't really challenging the protocol in court. Rather, it is challenging the legitimacy of one of the bodies that created the protocol.

However the end result is the same, BMWO would most likely be allowed to race. Of course if he loses in court LE may not want to race...? is a giant hissy fit like that likely?

 

luminary

Anarchist
714
54
Of course if he loses in court LE may not want to race...? is a giant hissy fit like that likely?
You have to think that the same question is going through RC's mind. He probably doesnt want to miss two in a row - which is another reason why BMWO will be back, regardless of the court's decision.

I just wish the judge would hurry the f.. up.

 

klaxon

Member
453
0
EC
It seems to me that the verdict might be -

CNEV as CoR, YES under certain circumstances; exclusion of BMWO from entering, NO under no circumstances.

CNEV would have to prove its independence somehow and there would be a call for an independent AC Jury office drawing a restriction line for the ACM activities.

 
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