| With a month to go to the New York Supreme Court | | | | At the time of writing, Alinghi had made no formal |
| hearing on 22 October, Alinghi held out on olive branch | | | | response to these objections, although British |
| to BMW Oracle Racing, in a bid to avoid legal action | | | | newspaper the Daily Telegraph reported that Ellison |
| and settle the teams' differences out of court. | | | | and Bertarelli did pick up the phone to each other at |
| The Defender backed down in a number of key | | | | the end of September, with both men keen to thrash |
| areas, highlighting just how much the Swiss had | | | | out a deal which would keep their argument out of the |
| skewed the rules of the 33rd America's Cup in their | | | | Supreme Court. This is progress of some sort, and |
| favour. | | | | hopefully the billionaires can resolve their differences |
| Following these changes, Alinghi boss Ernesto Bertarelli | | | | before the 22 October deadline. |
| made his plea to the Golden Gate Yacht Club and | | | | Until this is resolved, the whole America's Cup |
| Larry Ellison's team: "I would again appeal to BMW | | | | community is operating in limbo. Teams are already |
| Oracle Racing to enter the 33rd America's Cup as a | | | | working on an incredibly compressed timescale to be |
| legitimate challenger. It has been demonstrated that | | | | up and running for an event that concludes by July |
| dialogue is possible for the better of this event and it | | | | 2009. So, despite this hiatus in proceedings, challenging |
| should be noted by them that many areas of their | | | | teams have been working hard to get their people in |
| concerns have been addressed. | | | | place. |
| "We would also like BMW Oracle Racing to consider | | | | New British challenge Team Origin has put together a |
| that their action is hindering the opportunity for other | | | | very impressive line-up in a number of different |
| teams to enter the competition, and harming the ability | | | | departments. On the business side, team owner Sir |
| of existing competitors to generate sponsorship | | | | Keith Mills has brought in his friend and telecoms |
| income and properly plan their challenge." | | | | tycoon Charles Dunstone, presumably to help round up |
| However, for Larry Ellison and his team, Alinghi's latest | | | | the cash from potential corporate partners. On the |
| concessions did not go nearly far enough. BMW | | | | sailing side, team director Mike Sanderson has put |
| Oracle issued a retort, pointing out many areas where | | | | together a crew headed by Olympic Champions Ben |
| the Defender still holds what the American team | | | | Ainslie and Iain Percy as skipper/helmsman and |
| views as an unfair advantage. A team statement said: | | | | tactician respectively, backed up by with a good |
| "Some new points were welcome, but the proposed | | | | number of veterans from teams like BMW Oracle and |
| changes were largely cosmetic and did not address | | | | Victory Challenge. |
| the central issues. Even as amended, the protocol still | | | | Bearing in mind that the 33rd Cup is to be contested in |
| presents the following serious and continuing concerns: | | | | new 90-foot boats, arguably the most crucial |
| - The Defender and CNEV can still change the | | | | appointments to Origin are the design team, to be led |
| Protocol back at any time. | | | | by former BMW Oracle designer Juan Kouyoumdjian |
| - There is still no input from the challengers to the | | | | and Emirates Team New Zealand design coordinator |
| appointment of neutral officials. | | | | Andy Claughton, along with sail designer from BMW |
| - The Defender and ACM are under no obligation to | | | | Oracle Mickey Ickert. These appointments are top |
| act in a manner that complies with fair dealing, good | | | | drawer, and should give Origin a great shot at getting |
| sportsmanship or fair play. | | | | as far as the challenger finals, perhaps further. |
| - The Defender can still disqualify any competitor who | | | | Origin's gain is the Kiwis' loss, with Claughton's |
| disputes the Protocol. There is an opportunity to take | | | | departure leaving a big hole in Emirates Team New |
| the matter to the Arbitration Panel, but the Panel does | | | | Zealand's design team. Another big loss to Team NZ is |
| not have the power to reinstate a competitor who is | | | | American tactician Terry Hutchinson's decision to leave |
| disqualified. | | | | the team, having done such a key job next to skipper |
| - The Defender has still not issued its commercial | | | | Dean Barker for the past three years. |
| regulations or the competitors' regulations and so | | | | It all leaves the New Zealand team looking |
| challenging teams have no idea whether those future | | | | considerably weakened. The Germans, on the other |
| rules will be fair. | | | | hand, appear in good shape. They have poached |
| - The Defender's event organiser, ACM, is still not | | | | Jochen Schumann from Alinghi and British designer |
| subject to the "fair play" requirement of the latest | | | | Jason Ker from Shosholoza. With Bruce Farr and |
| amendment. | | | | Reichel/Pugh trading places as the designers for |
| - The unfair advantage to the Defender being able to | | | | Desafio Espanol and BMW Oracle respectively, the |
| develop the rule for the new boat ahead of other | | | | game of America's Cup musical chairs is in full swing. |
| competitors has not been addressed." | | | | Question is, though, will the music stop on 22 October? |