Monday, October 27, 2008

By their marks you will know them

Letter writing. An ancient pastime, and today, despite the unbiquitous cellphone, an everpresent necessity. 

In the 18th century, we know that Thomas Jefferson wrote like a man possessed to everyone he knew. Today we text and email everyone we know, even people we don't know. Or we blog. And as every lawyer on the planet still advises, we put it in writing. Often, our lawyers write those put-it-in-writing letters.

Well, Larry (Ellison, USA) and Ernesto (Bertarelli, SUI) are engaging in a duel, long distance. Weapon of choice, the pen. The sentiments expressed, somewhat bizarre.

At least, Larry's letter (October 17, 2008) was dignified and reasonable, re-stating his simple premise (let's go back to the provisions of America's Cup 32, or similar), and yes, he agreed, one new boat is plenty for all of us in this challenging economic environment.

But, Larry added, significantly, I really don't like the idea that you, Ernesto, would gain an unfair advantage by sailing in the Challenger Series with the rest of us. 

So Larry offered two ways to mitigate that unfairness. Both were reasonable; one more reasonable than the other.

Ernesto's turn comes next. He writes his letter (undated).

Like a blogger, Ernesto goes full bore into rant mode. Aided and abetted, we are sure, by faithful attorney retainers and loyal sailing friends lollygagging in the halls of Société Nautique de Genève (SNG), he rages.

In a letter designed to be reviewed by lawyers in a future discovery, and admitted into evidence in some court, somewhere, some time in the future, the Little Prince ignores the truth of Larry's courtly missive. Ernesto hauls out of his Dead Man's Chest a litany of grievances, including the singularly absurd "having".

We would like to remind Ernesto that "having" is dead. "Having" was wrong from the beginning. Millions have been spent on "having". Having said that, however, we remind Ernesto that, on the day it counted, Club Náutico Español de Vela (CNEV) did not have an annual regatta, never had an annual regatta, and had no plans for having, or ever having an annual regatta. Apunto.

Then, Ernesto rails about BMW Oracle (USA)'s failure to provide a 'valid certificate' and 'custom house registry' for, presumably, the team's magnificent raptor trimaran designed for the supposed Deed of Gift (DOG) race. Are we serious?

Next, Ernesto asserts a Big Lie, a Whopper, a huge Bruta Figura, as big as any Big Lie in America's Cup history, ever. 

"You require two boats," Ernesto fantastically and falsely asserts. "Requiring two full crews and the support staff for two boat testing." He pursues this absurd canard for three paragraphs.

As everyone knows, Larry said nothing of the kind in his letter. He said quite the opposite. He agreed that one boat makes sense.

Not to be left undone, Ernesto then disses and dispenses with the famous Version 5 boat, asserting that a new boat has been mandated by that somewhat curious assortment of former-previous-earlier-sometime America's Cup 33 challengers.

This is a wedge inserted into the debate by Ernesto to achieve three objectives: 

(1)  Diminish next year's Louis Vuitton Pacific Series (being sailed in venerable Version 5 boats)

(2)  Prevent an orderly, economical and efficient transformation of AC32 into AC33 in Version 5 boats -- which would jump start the series and employ hundreds of people -- for only one reason: that's what Larry recommends, not Ernesto

(3)  Kill any possibility of a DOG contest -- Ernesto hasn't built, isn't building, isn't planning to build, and never will build a 90-foot-by-90-foot Swiss-made raptor trimaran. And, in fact, he probably can't afford to build anything bigger than a Version 5 boat and probably would prefer to build less, like no boat at all. 

Actually, the big, bruising, elephantine fact in the room is obvious. Ernesto has no sponsors and no money. To remain a viable player, he must kill the humongously expensive DOG challenge (and those extravagant 90-foot trimarans). He must also kill that America's Cup event formerly known as AC33 -- particularly if it's reconfigured in Version 5 boats -- because accepting V5 boats means accepting a return to AC32. And that just doesn't work for Ernesto. For money reasons, he'd probably also prefer to sail something like his old, cold water trimaran on Lake Geneva. And Larry would have to find, build or repurpose one of those. Ha!

The rest of Ernesto's letter is the Dreamland of the Little Prince. 

We won't be changing anything about the AC33 Protocol, he says to Larry. So drop everything, particularly everything in the New York courts, and then come into AC33, bow to me, grant me everything, and become a submissive competitor, just like everyone else. Then, if you are nice, and everyone else is nice, perhaps we can discuss the class rules.

For heaven's sake, Ernesto.

Like a little boy starved of peers and playmates, the Little Prince invents games of his own imagining and devises rules that favor only himself, and queers the pitch, and dissembles and discombobulates, in order to emerge, by dinner time, without competition or a serious challenge, a hero.

This is what the entire America's Cup world is dealing with. 

Ernesto is a basket case.

It's time to pull the plug on his paranoid delusions.

If you were wondering about that clinical reference, by the way, a paranoid delusion is 'a fixed false belief that is resistant to reason or confrontation with actual fact'.

Some pundits say, it's time to wrap up, Ernesto.

We say, it's time to wrap up Ernesto.







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