Category: america’s cup

INDECENT BEHAVIOR?

There has been much discussion about the state of the America’s Cup. Perhaps we are all guilty of forgetting that we would rather not remember. Remembering the good. In fact the America’s Cup has rarely been without contention.

William P. “Bill” Ficker was the skipper of INTREPID in the 1970 Cup defense against GRETEL II, considered by many sailing experts to be a watershed in the post-war history of the Cup. Although INTREPID beat GRETEL II four races to one, the score could have very well been reversed if not for the expertise of Bill Ficker.

An architect from Southern California, Bill Ficker had won a Star Class world championship. His skillful co-skippering of COLUMBIA in 1967 earned him control of INTREPID in 1970. Even though bumper stickers and lapel buttons announced that “Ficker is Quicker,” GRETEL II was smaller, lighter and the faster boat in the prevailing light conditions during the 1970 races. The first race ended with both yachts crossing the line with protest flags flying, the first time that had happened since 1934. The protests were subsequently dismissed and INTREPID was declared the winner.

The second race had to be abandoned because of fog, which set the stage for the third race one of the most controversial in America’s Cup history. GRETEL II won the race but was disqualified for smashing into INTREPID’s port side shortly after the starting gun was fired. There was a great howl of anguish both here and abroad, but most experienced sailors agreed that GRETEL II was at fault. She hit INTREPID by sailing above a close-hauled course after the starting gun, thus infringing on the racing rules. GRETEL II came back to win the next race by 1 minute, 2 seconds. The final race was a thriller, sailed in light wind, with both skippers using every trick they knew to get ahead and stay ahead. In the end, “Ficker was Quicker” by 1 minute, 44 seconds.

In 1983, a Canadian was caught trying to look under Australia’s skirt.

Lord Dunraven filed a formal protest over the measurement of the defending yacht.

The crews of the American yacht struck for more wages.

Valkyrie III to windward of Defender broke Defender’s upper shroud, nearly causing a dismasting.

There have been many incidents; all well documented. When you think that the behavior today is a new development; look carefully at the history of the America’s Cup.

A final thought about these behaviors; when the Cup was deeded to the New York Yacht Club in 1870, the deed of gift, which is still under the egis of the New York court system, was really a carefully crafted document that provided for most of the disagreements that might arise. Naturally in 1870, no one could have predicted how complicated we have become.

 

ORACLE FINED, BREAKING THIER OWN RULES

Team Oracle “Spy” Penalities

December 31, 2012

By 

scales of justice
The America’s Cup Jury has announced the  penalties for Team Oracle’s “spy mission” against Luna Rossa.

Luna Rossa claimed Oracle violated the so-called “espionage” clause of the race protocol (more on that HERE), the Jury agreed, and told Oracle it would be penalized, fined, and made to return any photos.

According to Jury documents, Oracle returned 10 photos (no videos).The fine was set at E 11,500, and Oracle won’t be allowed to sail either of their AC72s for five days at the end of the next sailing period (Feb 1 to May 1 – in other words, Oracle can’t sail 26 April to 30 April 2013)

Both Luna Rossa and Emirates Team New Zealand asked for much stiffer penalties: Luna Ross said a “financial penalty would be meaningless”, and asked the Jury to reduce the number of sailing days from 30 to 15 between February and May, make Oracle give up two spare daggerboards and one wing.

ETNZ gave the Jury a smorgasbrod of penalties to choose from “A loss of a point or points in the Match… a reduction of Wing Spar Sections… or permitted Daggerboards… a reduction in permitted sailing days….” and an order of no more “recon” missions.

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Here’s what the jury had to say:

29th December 2012
JURY CASE AC19

JURY NOTICE JN060
DECISION on PENALTY and COSTS

APPLICATION from Luna Rossa Challenge 2013 (LR), representing Circolo della Vela
Sicilia.

1. On 19th November 2012, the Jury received an Application from LR protesting “the
Defender, Oracle Racing, GGYC” (OTUSA) for a reconnaissance incident on 8th
November in the waters off Auckland, New Zealand, claiming a breach of Protocol
Article 37.2(g).

DIRECTIONS No. 1 (JN053)

2. On 21st November 2012 the Jury issued Directions No.1 inviting the Parties to
submit a Response to the LR Application by 5th December 2012, and inviting LR to
submit a Reply to any Responses, by 12th December 2012.

DECISION

3. After considering the Responses and Reply, the Jury published its Decision on
18th December 2012 in Jury Notice JN059:

The Jury is satisfied that OTUSA breached Protocol Article 37.2(g).

DIRECTIONS No.2 (JN059)

4. Jury Notice JN059 ordered that the photographs be delivered to LR and the Jury
by 22nd December 2012, and invited Parties to make submissions on Costs and
Penalty by 24th December.

PHOTOGRAPHS

5. On 22nd December OTUSA complied with the Directions of the Jury and provided
10 photographs to LR and the Jury.

SUBMISSIONS ON PENALTY

6. LR submitted that gathering design information was critical to OTUSA as they
were unable to sail their own AC72. LR concluded that the breach by OTUSA was
quite deliberate and that their interpretation of the Protocol was absolutely artificial.

LR submitted that a financial penalty would be meaningless and an appropriate
penalty would be the reduction of 15 sailing days in the Sailing Period 1st February
to 1st May 2013, together with a reduction of two daggerboards of the maximum
allowed limit under Protocol article 29.7 and a reduction of one wing spar of the
maximum allowed limit under Protocol article 29.6.

7. Emirates Team New Zealand (ETNZ) submitted that the breach was deliberate
and based on a distorted interpretation of OTUSA’s own Protocol. The breach
gave OTUSA a significant advantage resulting from the improved quality of images
obtainable from within the 200m limit. ETNZ suggested that a penalty on the
individual rather than the team was inappropriate as the actions were clearly
sanctioned by the team. ETNZ submitted that to be just and equitable a penalty
has to be meaningful, and that the Jury should select from “A loss of a point or
points in the Match; A reduction either in the number of permitted Wing Spar
sections under Article 29.6 of the Protocol or in the number of permitted
Daggerboards under Article 29.7; A reduction in the number of the permitted
sailing days available to OTUSA between 1 February and 1 May 2013 under
Article 29.2(e) of the Protocol; An order that no OTUSA team members or agents
acting on behalf of OTUSA undertake any reconnaissance activities in Auckland or
San Francisco between the date of the order and the 30th April 2013 or such other
date specified by the Jury.”

8. OTUSA submitted that they never set out to deliberately break Protocol Article
37.2(g), and that “a penalty above and beyond the award of costs would not be
appropriate inasmuch as there was a legitimate and honest difference of opinion
as to the interpretation of the Protocol, the observations/photos obtained when
within 200m are no different than can and have been obtained from outside 200m,
at the time the AC72 observed was not testing, training or competing, and there
were no safety or harassment issues involved in the incident.”

DISCUSSION ON PENALTY

9. OTUSA has apologised to LR and indicated that as a result of the Jury Decision
any team members involved with reconnaissance finding themselves in a similar
situation to this incident will:
“(a) safely manoeuvre their vessel to more than 200m from the AC72 in
question;
(b) not photograph or record the yacht if they may be within 200m of the AC72
yacht; and
(c) apart from what basic seamanship demands, not to observe the AC72
yacht from within 200m.”

10. However, the Jury finds the interpretation that OTUSA relied on to remain within
the 200m limit and to continue to observe and photograph LR was both flawed and
unreasonable. If in doubt, OTUSA could have sought an interpretation of the
Article from the Jury.

11. The Reconnaissance Article is an important provision in the Protocol, and contains
express prohibitions with the intention of preventing the gaining of information by
Competitors about other Competitors. In this case, information in the form of a

number of photographs was obtained in breach of that Article, The benefit (if any)
of such information is not possible to determine but neither can it be undone.

12. Therefore it is appropriate that a meaningful penalty be imposed.

DECISION ON PENALTY

13. During the Second AC72 Sailing Period (1st February 2013 to 1st May 2013)
as provided for in Article 29.2(e), OTUSA may not sail their AC72 yachts on the
final five consecutive days of this Sailing Period, that is 26th April to 30th April 2013
inclusive.

DISCUSSION ON AWARD OF COSTS

14. LR and ETNZ submitted that all costs should be awarded against OTUSA; OTUSA
accepted that it alone should bear the full costs of the case.

COSTS AWARD

15. In accordance with the Jury Guidelines for the Award of Costs and Expenses
published on 13th August 2011, the Jury considers it is just and equitable that
costs of €11,500 are awarded. This amount is to be paid by OTUSA by 14th
January 2013 to: ACRM Operations Ltd Account Number: 4005 1570768517
Swift/BIC: MIDLGB22; IBAN: GB78MIDL4005157076851.

 

 

AMERICA’S CUP IN SAN FRANCISCO

Many of us who sail are having difficulty, until we stop and catch ourselves, grasping the America’s Cup of today. It is profession entertainment. Yes we all are seduced by the technology of the boats themselves, but almost everything surrounding the cup is a little less savory. The history of the America’s Cup is one highlighted by contentious behavior, but it seems we have reached a new threshold of behavior. It is all about the money.

In stark contrast is the newly launched site about “Figaro”; Bill Snaith’s boats. Much like the story of the Nye’s “Carina” it is a story of family and friends. I encourage readers to visit the site.

THIS YEAR, LAST YEAR

When I was growing up in Newport there were very few boats and no sailing events in Newport. I had to travel to sail in big regattas and on big boats. The America’s Cup took place every 3 years, but nothing like it is today.

I am constantly in awe of what is happening in the sailing world today, in particular in Narragansett Bay. It is truly a treasure, one of the finest places anywhere in the world to sail. But growing up, all the activity was in Long Island Sound both for dinghys and big boats.

In 2011 the “big” event was the “J” class regatta. big and majestic. 160 tons and 130 feet long. In sharp contrast in 2012 was the america’s cup 45 catamarans, at a little over 3000 pounds and 45 feet long.

EVERYONE IS YOUR FRIEND UNTIL THEY’RE NOT

Alameda, CA – Artemis Racing, Challenger of Record for the 34th America’s Cup, announced today a new afterguard featuring Olympic medalists; Iain Percy, Nathan Outteridge and Santiago Lange as well as Loïck Peyron, one of the world’s most experienced multihull helmsmen. The technical and multihull experience of this group will provide Artemis an efficient nucleus to guide the team’s AC72, particularly through the next few critical months of sailing and testing.

Iain Percy will also act as sailing team director.

With these changes taking place, Terry Hutchinson has been released from the team. “Terry has made a huge contribution to the team since we started our quest for the America’s Cup. Terry’s leadership and match racing expertise led Artemis Racing to win the 2012 ACWS Match Racing Championships and has brought the team to where we are today. We appreciate all of his efforts and dedication. We wish him the very best for the future,” said Paul Cayard, CEO of Artemis Racing.

Artemis Racing’s 72 was christened on November 3rd and the team has been training on San Francisco Bay in preparation for the Louis Vuitton Cup Challenger Series which begins next summer, as a lead up to the 34th America’s Cup in September 2013.

Cayard added: “With the America’s Cup racing just seven months away, it’s crucial that we maximize each day the team is sailing the AC72, both in terms of training, as well as understanding the boat’s limitations and attributes to be considered for future boat and wing development. The experience this afterguard brings is unmatched and is what will help the team succeed.”

The sport of the America’s Cup is big business, corporate in structure, so really changes like this should come as no surprise. I am perhaps showing my age, I am always surprised, even when I know better.

Jimmy Spithill of Oracle will be challenged for his position as helmsman in the coming months by Ben Anslie. The Olympics have truly become a stepping stone to a career in sailing.