A win for the Auld Mug

The silver trophy, as viewed by Alinghi

In a surprisingly simple opinion authored with astonishing clarity by Judge Ciparick (with Judges Graffeo, Read, Smith, Pigott and Jones concurring), the New York Court of Appeals today reinstated the decision by Justice Herman Cahn of the Supreme Court of New York to deny Club Náutico Español de Vela (CNEV) its status as Challenger of Record for America's Cup 33.

Judge Ciparick affirmed the status of Golden Gate Yacht Club (GGYC) as Challenger of Record, and urged GGYC and America's Cup defender and trust holder Société Nautique de Genève (SNG) to get their acts together, resolve differences, and move forward.

It was a victory for many things, among them: (1) truth, (2) honor, (3) tradition.

Of course, 'having' had its day, that dastardly canard.

But the Judges clearly and unequivocally understood that 'having' had its meaning in 'its regatta', and concluded that, on the day it mattered, CNEV did not have an annual regatta, 'its regatta', or any other regatta, for that matter, at any time in the past or present, and had -- at that time -- no plans for having a regatta of any kind, anywhere.

Now having is dead, thank God.

We sincerely hope that it is permanently dead, its corpse now lying sodden and bloated on the floor of an arm of the sea, somewhere, a stake hammered through its heart, soon to be sundered, rendering tasty morsels for feeding creatures.

Ultimately, 'its annual regatta' and its failure to have an annual regatta, or anything approaching anything that has to do with being an authentic, reputable yacht club that holds regattas, indicted CNEV as a sham, cobbled together in the aftermath of AC32. 

But, frankly, that's not the beauty of today's decision.

As everyone on the planet knows, and the court agreed, CNEV failed to pass the plain-simple-square-knot determinations of Dear Dead George Schuyler's amazing Deed of Gift.

Far from being a quaint, ancient, goodwill gesture that can be parsed, corrupted and co-opted by anyone who thinks they can control it, Schuyler's handiwork passed yet another test. 

If you want to adjudicate America's Cup, said the New York court, you'd better stay within the confines of the four corners of the deed. That's where the truth is.

Thus, the Cup won.

Now, instead of courtroom theatrics, what we have to look forward to is an America's Cup of some kind or another, to be held somewhere, sometime soon. And that's great.

At this momentary pause in the proceedings, we are struck by three thoughts:

(1)  GGYC, encouraged by their sailing team sponsored by Larry Ellison of BMWOracle, ultimately prevailed. In our view, honor won. As a highly competitive sailor, an America's Cup traditionalist, and a profoundly independent American, Ellison spent a small fortune to support the integrity of the Deed of Gift, protect the honor and authenticity of America's Cup, and assert traditional values in a world where 'values', like 'having', get shifted, manipulated, and misappropriated. 

All AC fans owe Ellison for his commitment. Remember, he shelved his personal passion -- sailing fast racing boats -- in order to assert the principles of the Deed of Gift of the America's Cup. And he paid good money for the privilege. Nobody does anything remotely like this in today's world. Certainly not in Wall Street. Certainly not in Europe.

We also owe his partners, team leaders -- and especially his sailors and their families -- who toughed this out with him, at their personal expense, in order to be loyal to their team and to an American point of view. This took faith, courage, and nerves of steel, especially in today's economic environment. 

All of us, owe this club, this leadership, and this team. We also owe their lawyers.

(2)  In affirming the clarity of the Deed of Gift, Judge Ciparick's decision gently underscored all the provisions of the deed, including, particularly, the notion of "foreign". 

It takes a nation different from the Defender's to be an authentic Challenger of Record, says the deed. Once the challenger is affirmed (and has satisfied the requirements of a challenger under the Deed of Gift), other nations may participate by mutual consent. That's one of the many things 'mutual consent' means. Of course, we all know this, and we've all forgotten it. Yet the New York court, interestingly, reminds us that nationality, in fact, is at the heart of what America's Cup is about. 

Moving forward, perhaps we will respect that even more, and embrace it even more. 'Foreign' means different countries. Different nations. Definitive nationalities. So beware any Defender or Challenger who seeks to diminish "friendly competition between foreign countries". And beware anyone who seeks to trump the Deed of Gift. George Schuyler has your number, and he has amazing reach.

(3)  NOW WHAT? 

Every sailor on the planet hopes that the so-called DOGzilla, Larry Ellison's amazing 90-foot multihull, now undergoing modifications, will actually meet on the water somewhere, the great mythical vessel CHEEZilla, Ernesto Bertarelli's to-date fictional multihull, supposedly taking shape in a hamlet off that cold-water Arm of the Alps, Lake Geneva. 

We have said before that we don't believe the multihull exists, and we would love to be proved wrong, yet nobody has been able to prove us wrong, as of today. Believe me, everyone on the planet is trying to prove this monster exists. So far without success.

The bigger issue is, however, how will Larry Ellison and Ernesto Bertarelli resolve a Deed of Gift event? That's the really big MAGilla. 

If Ernesto actually is building his boat, we hope they decide to have an enormous blowout, preferably this year, and then -- in the great Mutual Consent tradition -- find a way to assure their teams, the teams of AC nations everywhere, and their sponsors, that a fabulous AC34 will take place in 2010, in Valencia, which all of us love, truly an America's Cup haven to be esteemed, just like Auckland, San Diego, Perth, and, well, soon, probably, like San Francisco.

And what about Ernesto?

Nobody has dished out more about Ernesto than we have. 

Yet we have also given him great credit for what he truly is -- a passionate sailor, a great competitor, and an America's Cup stalwart, even though we mightily disagree about how he expresses his passion for managing post-America's Cup 32 events. 

After all, he proved to us, through the success of AC32 in Valencia, that he was a master. Then he turned his mastery into a mystery.

Whatever his frame of mind today, we believe America's Cup needs Ernesto Bertarelli. 

AC needs his passion. AC needs his enthusiasm, his team, his European perspective. AC needs his magnetism. AC needs his defense of the Cup, now and in the future.

If Ernesto finds a way to decline a Deed of Gift race, on the other hand, and pursue a conventional America's Cup, it will save him millions, employ hundreds of sailors and their families, and continue his great tradition, which happens to be very becoming of him, as the Victor at Valencia.

Brad Butterworth is the world's canniest sailor

A picture from Sail-World by Richard Gladwell, in the first race
of the Louis Vuitton Pacific Series final, won by Alinghi (SUI).

All of us have harassed Alinghi (SUI), sailing team of Société Nautique de Genève (SNG) of the Cold Water Nation, Home of the Swiss.

We have slammed the Prince Himself, Ernesto Bertarelli (SUI), founder and chief of Alinghi, the Ugliest Holder of the Cup in History.

We have slammed the noisemakers of Alinghi, an assortment of aristocrats, gentry, and upperclassmen, most of whom act like sophomores.

We have alternately harassed and respected professionals like Brad Butterworth, skipper of Alinghi, originally from Te Awamutu, in the Waikato, which is a great place to be from, in the Great Nation of New Zealand.

At this remarkable stage in the proceedings of the fabulous Louis Vuitton Pacific Series, we are obliged to say two things: (1) Brad Butterworth is the world's canniest sailor (we have said this before) who has routinely outfoxed opponents on the water, in the media room, online, and behind the stage, in one America's Cup after another.

You have to hand it to Brad. He's a power figure. 

After all, he secured the Emirates Team New Zealand (ETNZ)'s best boat, NZL-92, for the LVPS final. That took brains and chutzpah.

You also have to say: (2) Brad knows how to sail. He knows how to sail in Valencia, and he assuredly knows how to sail on the Hauraki Gulf. He won his race today. He has three, or more, to go. Can he do it? Of course, he can. Can ETNZ? Yes, they can.

Are we amazed about this?

No. Very few sailors have achieved what Brad Butterworth has, perhaps ever. He is unique.

So we invite critics and fans alike, whatever may happen between now and the end of the series, whether we like it or not, to congratulate this amazing sailor for his leadership, his persistence, his focus, his loyalty to his team, and his sailing savvy.

And while there are a lot of things that Kiwis and other fans are insane about, particularly when it comes to Brad, let us do this.

Let's give him a break for being the great sailor and great leader he is.

Cheers to Brad.

It's been real

This all started, as it did for everyone, as a shocked reaction to the rape, pillage and plunder of the America's Cup Protocol by someone we all thought we knew.

Someone who was a good sailor, a great competitor, and a powerful victor.

Someone who had proven himself as an entrepreneur and sportsman -- and who distinguished himself as the salt-water impressario who staged one of the greatest regattas ever, maybe the best America's Cup ever, at a custom-built haven in Valencia, Spain, a venue just made for sailing, international fellowship, and fun.

Someone, in fact, whose name, story and credentials we felt truly belonged on the Auld Mug, sharply and deeply engraved, for all of us to see, for all time.

Then, as July 4, 2007 faded in the rear view mirror, our shock turned to amazement and disbelief.

Ultimately, it turned to disgust.

The transformation of Ernesto Bertarelli (SUI), chief of Alinghi, from a great sailor into the worst kind of America's Cup mogul astonished all of us.

Here was a great competitor, who had accomplished everything, and had everything to look forward to in the future, maybe forever. 

Here was someone who could become, in all of our estimations, his own kind of Ted Turner, his own kind of Dennis Connor, his own kind of Sir Peter Blake.

But Ernesto chose another path.

Powered by his victory, blind to everyone who didn't win, and arrogant about America's Cup traditions, Ernesto chose to become someone none of us ever expected to see, and never knew existed on the planet.

He became the Ugliest Custodian of the Cup in History.

And he defined his status in the New World Order in ways that no other America's Cup victor ever had.

He announced the Protocol for AC33 in a global press conference. Confronted with reasonable questions, he abruptly told the gathered throngs of media and team executives, effectively, to f*** off. Then, amazingly, left the stage.

That bizarre behavior left even more heads wagging -- even among his own team members and his own yacht club.

In that single, defiant act, Ernesto not only alarmed his own retainers, but effectively declared war on the old protocol, on those who supported it, and on anyone who traditionally believed in the venerable America's Cup of the New York Yacht Club and the great George Schuyler, author of the Deed of Gift.

As the months rolled by, Ernesto did very little publicly. He visited the U.S. and the New York Yacht Club (NYYC), he shook hands for camera, and he sailed boats whenever he had the opportunity.

Otherwise, he disappeared.

Meanwhile, Golden Gate Yacht Club (GGYC) of San Francisco, sponsoring club of BMWOracle Racing, led by Larry Ellison (USA), did everything they felt they had to do to call the Emperor's new clothes and debate the egregious demands on the protocol by Ernesto and his Alpine gang. And GGYC and their legal retainers petitioned the New York courts to agree.

We've all followed those proceedings, helped enormously by Cory Friedman, an officer of the New York courts.

Meanwhile, Ernesto kept away from the game, threw lawyers into the breach, threw out Kiwi lawyers, threw in Swiss lawyers, and did little else.

Although, we admit, he did admit, publicly, that he could have made a better case to introduce his ideas and ambitions for AC33 at the outset -- a commentary curiously similar to an argument proposed some weeks earlier by America's Cup View (here) and in a second post (here).

Nevertheless, the AC world collapsed.

Sponsors perfected an amazing disappearing act -- preceeded by the greatest sponsor of them all, Louis Vuitton, founding sponsor of the AC Challenger series, who later engineered a fabulous AC-style event to be held this February, in the Hauraki Gulf, in Auckland, New Zealand.

Not to be deterred by public opinion and unpleasant legal events, Ernesto and his gang orchestrated a pastiche of an America's Cup, curiously still called America's Cup 33.

Teams from around the world that employ sailors and technical crews have entered the event, cheerfully ignoring the vagaries of AC33 in favor of employing sailors and engaging sponsors.

We respect that.

In the meantime, New York courts will decide if that particular AC33 happens -- or if a Dennis Connor-Michael Fay-style America's Cup happens -- in gigantic multihulls.

After that, it's anyone's guess.

One thing is enormously certain. America's Cup has changed.

We believe it's diminished.

We believe Ernesto's behavior has shrunk the event.

We believe it will take enormous effort and energy and trust to rebuild it.

To achieve that, some say, first remove Ernesto.

We tend to agree.

At the real world level, however, there are positive signs that encourage all of us who love sailing, love competition on the water, and love America's Cup:

(1) First, the honorable actor in all of this -- Larry Ellison -- has continued to put honor before dollars, has separated himself from the farce that is AC33, and has continued to put his trust in the New York courts to act in a rational way for the benefit of the America's Cup, for all time. And the New York Yacht Club has supported him in this. 

We wish Ellison the best, and we sincerely and respectfully urge him to stay the course.

In addition  . . . 

(2) There is an ad hoc, grassroots effort currently afoot to create a viable entry for AC33 from an online community of sailors, critics, and assorted salt-water enthusiasts who, given just a little bit of support, might just actually be able to pull off a viable candidacy for the event.

It's the Sailing Anarchy Yacht Club (SAYC). 

SAYC have some hesitation about entering into the event on Ernesto's terms. But to a person, they are passionate believers in the ideals of America's Cup, in every possible and conceivable way. And this outspoken membership believes they can meet the demands of America's Cup Management, or whomever, including the demands for cash.

So we encourage them enormously. Perhaps you can support them.

Given that, there is not much else for us to do.

It has been an amazing journey.

We are out of indignation.

We are out of words.

People say no to things they fear

It wasn't the Prince and his Chamberlains who, apparently, have said NO to Sailing Anarchy Yacht Club (SAYC)'s entry to America's Cup 33.

According to SAYC, the NO came from an Underling. Poor sod.

Frankly, you'd expect a NO.

But in marketing (which is what an AC entry is, not sailing), you have to understand that NO is meaningless. 

Well, it's not actually meaningless. In this case, it's a prayer for breathing room. 

As in: "You took us by surprise. We're confused. We don't know what to make of this. It's too hard to for us to discuss this or even decide before Christmas. Everyone is gone. Personally, we don't have the authority to do anything, except call Commodore Meyer (SUI) to ask for advice. So we did. And the answer is NO."

NO actually means, we don't like the idea of your challenge.

NO means, we talked on the phone to people in the Alpine nation, and they told us to say NO.

NO means, you were drunk. Stop this. Put an end to it. NO way.

NO means, um, er, you didn't set the type in Times New Roman and set your margins at 1.25". Sorry, NO.

NO means, hey, guys, great idea. We love you guys. Next time, let's do it right. Nice try. Hey, we want you back.

NO means, you are Americans, essentially, supported by a rabid global band of contrarian thinkers, including New Zealanders. Therefore, it's just quite possible that you could pull off the funding thing, find some designers who know what they are doing -- and who don't like us -- and you could actually find people in your community who know how to drive, steer and sail a Version 5 boat, and we know, for Pete's sake, there's a bunch of those boats out there that could be made very competitive for our three regattas next year, and frankly, if you guys chafed butt, namely ours, then that would be very embarassing for us. So, NO.

So, NO doesn't mean NO. 

It means go away.

In response to this discourteous rejection, some observers say that the Commodore, Officers and Members of SAYC should carefully consider their options.

That includes rethinking the paperwork. Getting serious about grassroots fundraising. Finding the AC moguls of yesteryear and putting a torch to their tinderwood. Refiling the entry in Valencia. Finding a sober tone for all communications to the House of Alinghi (SUI) and its captives. And above all, pressing the issue. Hard. And drawing on every human asset on our small, blue sailing planet to support an honorable, incorrigible and worthy initiative.

Once that's done, expect a YES. 

But also expect another NO -- especially from someone with the real power to say NO -- and who is prepared to say NO very publicly and very officially -- and then explain the reasons why.

SAYC may be surprised to learn how few of these people there are. Maybe two.

Meanwhile, move forward, aggressively, on every front.

That's a very sound course.

At least, that's what the whitebait are saying.

The butterfly has flapped its wings

Next, the tsunami?

Well, that depends.

The rag, tag and bobtail members of Sailing Anarchy (America's Cup division), have organized a yacht club, Sailing Anarchy Yacht Club (SAYC).

OK, you say, fine. So what?

Well, we agree. But the astonishing fact is, SAYC have orchestrated an entry for America's Cup 33. Apparently, they have filed papers in Valencia, and are axiously awaiting a response from The Powers That Be.

Is this serious? Well, apparently, it is.

You are saying that an online community is mounting a challenge for America's Cup? Well, yes, they are. But this isn't your average online community. 

Founded by sailor, radio personality and online entrepreneur, Scot Tempestra (USA) of San Diego, Sailing Anarchy is an online home for franchised, enfranchised and disenfranchised sailors, many of whom who have participated, and currently participate, in virtually every competitive class on the water -- and in all classes of watering hole -- and most of whom are united in their passion for the America's Cup As We Know It.

But isn't it ridiculous? Isn't this an absurd undertaking? And if it's not absurd, then isn't it financially impossible?

Well, it's no less impossible than a U.S. presidential contender, Howard Dean, believing that he could fund a presidential campaign from small donations raised from across America (which he did). 

And it's no less ridiculous than a successful U.S. presidential contender, Senator Barack Obama of Illinois, running the same kind of grassroots campaign, ultimately refusing Federal funding, and raising more money, in a shorter time, than any Presidential candidate in history.

But could SAYC raise the same kind of funds, the same way? Good question. 

Knowledgeable souls at AC Anarchy (which is the sub-forum these sailors belong to) admit they need $200 million. They say they have anything from 20,000 to 30,000 members. So put on your grassroots hat. Think creatively. Do the math.

Then add one or two humongously benificent donations from the handful of unruly U.S. sailing magnates who still exist and haven't found an outlet for today's kind of America's Cup. Some of these proud, independent souls would surely value an opportunity to support an American entry in AC33 and would enthusiastically embrace the boasting rights that came with it.

You can name them, just like we can.

Pretty soon, you'd have some real cash.

Pretty soon, you'd have designers taking the challenge seriously.

Pretty soon, you'd have one or two Version 5 boats ready for rehabilitation, or a new class-rule vessel ready to be designed and built.

So it wouldn't be smart to diss the challenge, the math, or the naval architecture.

It's eminently do-able.

The only fly in the ointment is ... well, you guessed it. The Prince and his Chamberlains. 

If they decide that this is the kind of challenge up with which they will not put, well, that puts a dent in the sails of SAYC and its team. But frankly, it does not necessarily end the challenge.

To deny SAYC a valid challenge, the House of Alinghi and their cohorts would have to elevate all those old familiar objections -- no yacht club, no boats, no regatta.

Believe me, they wouldn't want to do that. Not with Club Náutico Español de Vela (CNEV) standing under the trees in the rain, shivering in the wind and the shadows.

That, assuredly, would put the cat among the pigeons.

So this is a portentiously serious event.

And there is only one factor that transforms this ambitious idea into a serious effort. And that's money.

Even in challenging times, sponsors know there is always money for ambitious endeavors.

And in a country that has no dog in the hunt -- which is the biggest hunt there is for salty warriors -- you can be sure there are salt water hunters and hounds aslaverin' somewhere.

Stay tuned.

For goodness sake, who is next? Schnackenberg?

Everyone has been out there, yapping to the media.

Everyone under the sun, literally -- despite non-disclosure agreements to the contrary -- and to a person, they are ready, willing and available for media interviews.

Even with marginal media, like online sites.

Well, these may be online, certainly. But today, online is where the news is.

Peter Montgomery (NZL), the great Kiwi yachting journalist and commentator, recently lamented the fact that new yachting journalists aren't being minted.

He overlooks the fact that everyone today is a journalist. 

If you don't believe that, just take a cruise through America's Cup Anarchy, a forum of Sailing Anarchy.com.

Insight, commentary, and observation today are for everyone who can put fingertip to keyboard. And you don't need a degree in journalism or communication to do that, as we know.

But we digress.

Grant Simmer (AUS) and Brad Butterworth (NZL) have been out there, you'd expect that. 

So have Pedro Perello (ESP) of Ayre Challenge and Sir Keith Mills (GBR) of TeamOrigin.

Both these latter individuals affirm that they have been in constant communication with Larry Ellison (USA), chief of BMWOracle, or Russell Coutts (NZL), team chief executive, in order to persuade them to abandon principle and enter AC33, the Alinghi Cup, currently being organized.

Sadly, without success.

As friends of the Alpine nation busy themselves with meetings, committees and class rules, Golden Gate Yacht Club (USA) and the entire BMWOracle team are focused on something else.

The America's Cup.

The real one.

Is Sir Keith a windvane?

Sir Keith Mills (GBR), seen here on Friday,
in a screen capture from zerogradinord.net,
the online sailing resource

Sir Keith Mills (GBR), chief of TeamOrigin, sole British entry in America's Cup 33, is an extraordinary individual.

Knighted in 2006 by H.M. Queen Elizabeth II for services to sport, Sir Keith's leadership includes management of the campaign that successfully delivered the 2012 Olympic Games to London. Our kudos to Sir Keith.

That's a huge accomplishment.

In a similar bullish vein, Sir Keith has steered TeamOrigin's campaign for AC33.

In September last year, Sir Keith was extraordinarily upbeat about the AC event. Here's how he was quoted in TeamOrigin's press release:

“ACM (America’s Cup Management) ran a fantastic event this Spring, not only from a sports and entertainment point of view but also by setting the standards on a number of non-sports aspects placing the America’s Cup firmly in the 21st century, in amongst the most important sporting competitions in the world today. Alinghi and ACM should be complimented on running an event in Valencia that has had a massively positive impact not only on the America’s Cup but the sport of sailing as a whole,” comments Sir Keith Mills.

“We do not believe that the new Protocol will have a negative impact on the future of the America’s Cup. To the contrary we believe it provides a platform for further growth and some real opportunities for those who decide to challenge,” continues Sir Keith.

TEAMORIGIN believes the Protocol is good for challengers, especially new teams because:

• Of the introduction of a new America’s Cup Class, a new 90 ft yacht, giving every challenger an equal opportunity to start the design process at the same time
  
  
• It prohibits two-boat testing which will reduce costs. New techniques will be developed to refine existing and new yachts, opening up a level playing field for new challengers
  
  
• It allows for regular official racing to be run in Valencia. Teams may race their opponents in practice whilst simultaneously running parallel hospitality and sponsor programmes.
  

Here's what we said at the time about Sir Keith's enthusiasm for the protocol: http://americascupview.blogspot.com/2007/09/britains-teamorigin-ploughs-in.html.

Now, extraordinarily, here's what Sir Keith is saying about the protocol today (thanks to zerogradinord.it):

"It's been a very constructive process. From the beginning it's been very constructive. We were not happy with the original protocol. But we have made significant changes over the last few months. I think the output that we've virtually finalized today is good for the Cup, good for challengers, and I think we're all looking forward to getting back in the water racing."

Goodness gracious, Sir Keith. 

Perhaps somebody has been passing around the wrong information about your thoughts and ideas. 

Nevertheless, here are your soundbites, then and now, about America's Cup:

In September last year:  We do not believe that the new Protocol will have a negative impact on the future of the America’s Cup. To the contrary we believe it provides a platform for further growth and some real opportunities for those who decide to challenge.

Today, after fronting for video interviewers as a booster of AC33:  We were not happy with the original protocol.

My dear Sir Keith.

We respect and admire your commitment to America's Cup.

But some may say, as they examine your comments then and now, that you have acceded entirely to Ernesto Bertrelli (SUI)'s demands. 

As a result, they may say, you are positioning TeamOrigin entirely within Ernesto's purview.

This is good for Ernesto, obviously.

But is this good for Britain?

Saying one thing, and then saying another, is this how Britain does business?