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Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? 		Team McLube

 
 


The Publisher
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Feb 11, 2010, 4:46 PM

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Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? Log-In to Post/Reply
IS THIS A DEED OF GIFT MATCH OR WHAT?
By Cory E. Friedman, America’s Cup analyst
(February 10, 2010) - This regatta is beginning to shape up as the America’s Cup ClusterSail of 2010. Nothing happened Wednesday in the AC in Valencia and ‘Buttheads are probably wondering why. Strong Mistral winds on Tuesday resulted in a forecast of lumpy seas Wednesday. Tuesday night the RC postponed the start from 10:06 to no earlier than 12:30. The start was further postponed and blown off early in the afternoon.

Alinghi claimed the conditions were “heinous.” USA Skipper Jimmy Spithill supported PRO Harold Bennett’s call, but said USA would have been happy to sail and did not consider the conditions unsafe. Although there was only about 16 knots of breeze, the reason was “sea state” - supposedly boat-breaking left over swells of one to two meters.

How did we get here?

We got to Valencia because, after Justice Cahn’s original decision DSQing Société Nautique De Genève (SNG) came down, the parties wrangled over an order implementing that decision, which apparently left him believing (correctly or incorrectly - it makes no difference) that there was consent to a winter regatta in Valencia, even though it is in the Northern Hemisphere.

When his resulting order was affirmed by the Court of Appeals, Société Nautique De Genève (SNG) was convinced that it could choose any venue it wanted, regardless of the hemisphere rule in the Deed, in addition to Valencia. It designed and built a boat for ultra light air and flat water, which Ernesto Bertarelli was familiar with from lake sailing multihulls, and chose Ras Al Khaimah (RAK) as the venue.

Justice Kornreich upended RAK at Golden Gate Yacht Club’s (GGYC) request and, because the August 8, 2009 deadline set under Justice Cahn’s order had long since passed, the only option left without mutual consent was Valencia. The Appellate Division, First Department affirmed. Although attempts were made to mutually consent to southern hemisphere locations, such as the Northeastern coast of Australia, like all other attempts to reach consent in AC 33, they went nowhere and Valencia remained the default.

No one has ever argued that Valencia is the ideal location for a February event. It is generally too cold for a sea breeze to develop and the wind is generally pretty variable, as it is front driven and frequently too extreme at either end of the scale to sail. Add to that the Deed’s schedule of alternate day racing and acceptable conditions can be hard to come by. Indeed, Harold Bennett, the PRO hired by SNG and approved by ISAF, said today that in three weeks there had been five or six acceptable race days.

The real problem right now is that it is not clear what sort of event PRO Harold Bennett thinks this should be. -- Read on: http://www.sailingscuttlebutt.com/news/07/cf/#p58


The Publisher
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Feb 11, 2010, 4:48 PM

Post #2 of 12 (11809 views)
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Re: [The Publisher] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
Letters to the Editor

* From Dick Enersen:
Notwithstanding my destroyed daily sleep regimen, I remained awake this afternoon long enough to digest Lawyer Friedman’s latest ('Butt 3207). As we have come to expect, he’s spot on in his analysis of the situation. He is also appropriately tough on SNG and its RC.

I particularly appreciate his observation about the race course. Long story short, it is not a half-mile Laser sausage; it’s a bloody ocean race. Shoot the wind, drop some marks, shoot some guns, start a watch and see who comes back first (under 7 hours elapsed time).

I don’t claim to be a meteorologist or a great Med hand, but it seems that weather, good and bad, moves damn fast in the Valencian winter. It’s bad for the event, and what audience there is, not to able to take advantage of every opportunity to race. I read the article’s quote of PRO Bennett, about there being only 5 or 6 acceptable race days in the past 3 weeks, as a subtle shot at his SNG paymaster.

If we’re lucky, after there's no racing on the 14th, SNG will announce that they will try to race every day except after the completion of a race, as the Deed requires. If we're REALLY lucky, it will be over on Sunday, GGYC will collect the Cup, and we can get on with life and the next event.

I need a nap.


* From John Servais:
Cory Friedman nailed it - again. There is passion just oozing out of his column tonight. He repeats himself, albeit with slight variations of wording. He hits the same point from four directions. Cory goes to the heart of the matter and puts words to what all of us are wondering, feeling and even thinking. That cat is not seaworthy. And that is the crux of this whole fiasco. The emperor has no .... That cat is not seaworthy.


* From Jamie McWilliam:
It's been brilliant having Cory Friedman as the sailors' translator/interpreter of legal mumbo-jumbo over the last two years of AC madness. But for him to continue to be the most outstanding reporter on the event even now it is out of the courts is a staggering feat. His piece today ("IS THIS A DEED OF GIFT MATCH OR WHAT?") is absolutely perfect, and shows a grasp of simple common sense that is entirely absent in the event itself. For heaven's sake, fire the starting gun.


* From Damian Christie, Melbourne, Australia:
Congratulations Cory Friedman for another insightful commentary on the non-event in Valencia. Back in 1887 America’s Cup contenders Volunteer and Thistle would have raced over the 40nm course in New York regardless of the prevailing weather – rain, hail or shine! Today should not be any different!

Even if there is uncertainty about the variations in wind direction and sea swells across the course, so what? The contenders have seven hours to complete each race and if they fail to do so, it is restaged. This is not new to the Cup - the third race in the 1983 America's Cup was run twice. In the first staging, Australia II lead Liberty by nearly six minutes before the five and a quarter hour time limit ran out.

Sailing in adverse conditions is surely what yachting - and the America's Cup - is about. So what if the two yachts fall into a hole in the middle of the course and wallow before the wind fills back in? That was a blessing for Dennis Conner in 1995 when he overcame Mighty Mary to become the defender of the Cup - and racing wasn't stopped then because the wind was patchy!

On Friday, Alinghi 5 and USA-17 should go sailing, regardless of their apparent frailties (and Alinghi’s distrust of the fluky conditions). Even if the yachts don't complete the course in the allotted time, at least the long-suffering spectators and media will get a taste of what the racing will be like!


* From Alex Arnold:
"Part 58" is must reading for all interested in AC33 or the America's Cup period.


* From Cameron McIntyre:
Yep, have to agree with Mr. Friedman’s assessment and analysis of the Great Sailing Snafu aka 33rd America’s Cup. Are there any spectators, visitors, guests, press still hanging around. Attracting attention to sailing events is hard enough when there is sailing, any one interested in a sans sailing event. Seriously three races, this should have been over before it started. If the all the arguing about who, when, how and where did not drag this fiasco out long enough. They seem to need an encore performance. Eventually, I imagine sometime in March, this chapter in America’s Cup history will be written, but will anyone read it?



* From Peter Rugg:
Thanks for the excellent explanation of how the AC 33 RC seem to have gotten themselves stuck in the nanny state. I hope Harold B read it and we can now see who are the best blue water match racing sailors.




Peter Isler
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Feb 11, 2010, 4:54 PM

Post #3 of 12 (11805 views)
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Re: [The Publisher] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
I have enjoyed and appreciated Cory Friedman's long-running commentary in Scuttlebutt. I even dug deep and contributed to his junket to Valencia. But like all of us, he has his own personal perspective. And thanks to his legal training and experience in NY State (and his clever analogies) that perspective has contributed to the value of his reports for many of we laymen ..... though I'm sure at times over the past couple of years, both teams, and their counsels would have loved to silence his "back seat driving". But I'm not alone in appreciating the fact that Scuttlebutt has chosen to share his perspective, which has usually been a lot meatier than the information released by the two parties.

However in his most recent release (in Scuttlebutt 3027), he seems to have fallen into the clutches of a mindset (or least he's feeling its tug) that is a common malady for Cup aficionados.... that is that we Cupheads somehow deserve an America's Cup under terms that are convenient for us. Sitting in Valencia waiting for PRO Harold Bennett to pull the trigger, it must be as frustrating as it is for us in California who set the alarm for a few minutes before the updated start time only to learn that its time to go bed and stare at the ceiling wondering how long the postponement will last.

But none of us deserve to have a race at a scheduled time. And Cory's clever argument that the Deed of Gift says that in this duel, both parties should begin taking their twenty paces and turn and fire at the prescribed time regardless of weather is his opinion. But from my perspective, I'll beg to disagree. I think the most powerful aspect of the Cup's Deed of Gift is that it gives sailors (read bona fide yacht clubs) all the opportunity in the world to play their game, and only brings in the Judge when they can't agree. And I see the Deed working quite elegantly as we "patiently" await the calming of the Mistral and the coming of the summer sea breezes.

Although BMW Oracle challenged certain aspects of the NOR and SI's (and a lot more!), they've not specifically turned to the Judge to complain about Harold. I know, he was hired by Alinghi and the race committee is loaded with pro Alinghi staff.... but Russell Coutts and the gang know and respect the fact that Harold is a sailor - and a damn good PRO.

In fact if you go back deep enough into the sands of time, you will find some very tight bonds were formed with a youth sailing coach from Auckland who helped the careers of many rising Kiwi stars (who now play on both sides of the present Cup battle). Harold didn't send the kids out in their P class dinghies into the Waitemata when it was blowing 40 knots and sleeting - no matter what RRS 4 says. And over the course of several America's Cups and many regattas, as PRO, Harold has used his judgment (not without controversy) to run fair races... which is what Russell and Brad are counting on him to do in Valencia now.

Does Harold have his own "perspective"? Is he human? ... sure. But sailors on both sides of the battle are counting on this sailor from New Zealand with the funny hat giving this particular regatta a fair run. On the issue of running a race, they are basically putting more faith in Harold being a good PRO than the NY State Courts doing so.... The Deed of Gift is working because at least in this one aspect of the 33rd Cup, the sailors are acting like sailors.

As an aside, as Cory points out, the Deed never intended the Cup to be raced in the Northern Hemisphere during the winter. So in stretch, one could argue that indeed that wind/condition limits are part of the oldest trophy in sport. Regardless, sailors on both sides of the game have put their faith in Harold to make the right call... and they know that Harold comes from a generation of AC PRO's that have always had wind limits as part of the AC game .... and from a generation of PRO's that run good fair regattas.

None of us are entitled to an America’s Cup … and nor a “convenient” America’s Cup. But as the longest running international competition, something must be working despite its ersatz rules and structure. So Cory, my advice is to enjoy the tapas, tour around old town, and keep us informed.... this could take awhile!


The Publisher
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Feb 11, 2010, 4:56 PM

Post #4 of 12 (11803 views)
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Re: [Peter Isler] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
Thanks Peter. Great perspective from a two-time America's Cup winner, whose five America’s Cup campaigns included a a successful defense in the 1988 Deed of Gift match with Dennis Conner onboard Stars & Stripes. And who was part of the BMW Oracle team during the 32nd America's Cup.

I suspect that without an independent entity running the show, and without the pressures of expensive television contracts influencing the schedule, this pattern of delays will continue. The event does want it both ways... to attract sponsor/media/public attention but also control the programming. Not sure that always works. Certainly, it is only working right now for the sailors, and you could argue that is all that matters. And while these two teams are largely self-funded, then you could further argue that they should remain in charge of when they will sail.

But the event has always been bigger than its participants, and the 33rd Match is no different. Certainly for future Matches, the growth of the challenging pool will be dependent on teams securing outside funding, and it is then that they should lose the privilege of controlling their programming. In many ways the America’s Cup is being packaged as entertainment, and it should be presented that way too.

For this Match, until one of the two teams disputes the actions of the race committee (which hasn't happened yet after two failed race attempts), this is essentially a non-issue.


jrb
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Feb 11, 2010, 6:24 PM

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Re: [Peter Isler] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
I respectfully disagree with Peter Isler. Cory Friedman is correct and on point.

I don’t know if Cory Friedman is of the mindset that the America’s Cup should be convenient to spectators (near, afar, digitally), or not. That notwithstanding, his analysis of the situation, after a careful reading of the DoG, is spot on.

I’ll be happy to stipulate, “none of us deserve to have a race at a scheduled time.” We don’t have the right to have that expectation. However, the DoG specifies the timeframe. Those who long ago provided the cup and created the DoG should expect their wishes to be honored when racing (or not racing) under the auspices of the AC. Cory Friedman’s analysis of when the races should start, based upon the DoG, is correct. A start should happen every other day, barring mutual consent to delay. Patience has nothing to do with this. I could give a rat’s rear end if it takes until June for the match to be decided, so long as they start a race every other day, per the DoG. Peter sees the DoG “working quite elegantly”. I see the DoG being largely ignored. Perhaps it is being ignored in an elegant manner?

While it’s nice that key members of each team have a history with PRO Harold Bennett that has resulted in a measure of respect, that fact is not particularly relevant to the terms of the DoG. Harold Bennett has the reputation of being “a damn good PRO”. It’s time to live up to his reputation and start a race every other day until the match is decided. Harold Bennett and his RC don’t need to over think their responsibilities. Every other day they go out. They set a course. They start a race. They keep track of time. If a boat crosses the finish line first, followed the rules of racing, sailed the course correctly, and the course met the specifications of the DoG, then that boat wins the race. First boat to win two races also wins the match. Simple.

Notions of square start lines, wind limits, wave limits, consistent wind, and fair regattas are examples of modern day minutia as they relate to the DoG. For instance, the term “windward” does not mean dead upwind and variable wind velocities are not mentioned in the DoG. A “fair regatta”, in this instance, is one which respects the specifications contained in the DoG. Peter Isler makes the point that the DoG never envisioned a northern hemisphere race in the winter. That is correct, but here we are. Mr. Isler then connects the DoG specifically not anticipating a winter time match in the northern hemisphere as a de facto example of a wind limit? As an intellectual exercise, perhaps he is correct in the most exaggerated of overly broad terms? That’s a stretch of yoga master proportions. No, the DoG does not specify wind limits, and certainly not limits in which a ~8' long box shaped dinghy with four sided sails, captained by a single small child, routinely thrives. Here are a couple of video links meant to shame the appropriate parties:
http://www.youtube.com/watch?v=-8WvSWnuenY
http://www.youtube.com/watch?v=WFaVrQp4qPo

This is an example of what happens when spoiled billionaires and modern sailors conspire to selectively bastardize and/or ignore the DoG. However, given the situation, Peter Isler’s advise to Cory Friedman to tour old town and enjoy the tapas is spot on.


Edit: While I disagree with Harold Bennett running the RC under modern day criteria, rather than the requirements of the DoG, he is a PRO of integrity as evidenced Cory Friedman’s Scuttlebutt exclusive on the SNG supplied committee members staging a strike today, 2/14/10.





waiknot
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Feb 12, 2010, 12:44 AM

Post #6 of 12 (11468 views)
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Re: [The Publisher] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
WOW
You really need to read the whole of Cory's installment number 58, and then read it again. I can imagine some competitors not really enjoying the read.


PeterO
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Feb 15, 2010, 10:54 AM

Post #7 of 12 (11154 views)
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Re: [Peter Isler] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
In Reply To
But none of us deserve to have a race at a scheduled time. And Cory's clever argument that the Deed of Gift says that in this duel, both parties should begin taking their twenty paces and turn and fire at the prescribed time regardless of weather is his opinion. But from my perspective, I'll beg to disagree. I think the most powerful aspect of the Cup's Deed of Gift is that it gives sailors (read bona fide yacht clubs) all the opportunity in the world to play their game, and only brings in the Judge when they can't agree. And I see the Deed working quite elegantly as we "patiently" await the calming of the Mistral and the coming of the summer sea breezes.


I usually value Peter Isler's opinions, however, he didn't get it right when he disagreed with Cory Friedman's view and suggests: " . . . none of us deserve to have a race at a scheduled time."

The moment the Billionaire Boys Club decided that they wanted commercial sponsorship and coverage of their personal match race (or maybe better the match race between their yacht clubs), they ceded their right to consider the game their own.

The good folks at Louis Vuitton recognized this in 2007 when they snapped shut their AC checkbook and then offered their Cup (and money) to and sponsored the AC Class (monohulls) series.

Let Larry and Ernesto remove all the advertising (and lawyers?) from the current "competition. Then they can wait around forever. They can mail us the results, if and when they finally do race in Valencia. And who cares?




jrb
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Feb 15, 2010, 4:18 PM

Post #8 of 12 (11136 views)
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Re: [PeterO] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
I'm not aware any of the lawyers addressed the racing schedule and the few remaining sponsors didn't appear to care. They should have just followed the specifications found in the DoG.


EaglesPDX
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Feb 15, 2010, 4:52 PM

Post #9 of 12 (11134 views)
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Re: [Peter Isler] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
Interesting how the race turned out to be probably the greatest since Fremantle and all the doubts and concerns, legal and otherwise, were, as PJ Montgomery kept repeating, "debunked".

Coutts alluded to that in the press conference how it was the wild conditions of Fremantle that got the America's Cup and sailing a lot of new viewers and that the race in Valencia between the biggest, fastest most technologically advanced sailboats was an eye opener for him. He had been firmly in the camp of a return to the stodgy days of slow monohulls but that the current race opened his eyes and that racing the biggest, fastest, most advanced sailboats in exciting conditions (San Fransisco Bay) had to be considered as the future for the America's Cup. As Cam Lewis pointed out during the race, that was the origin of the America's Cup.


waiknot
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Feb 15, 2010, 7:57 PM

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Re: [EaglesPDX] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
Sorry Eagles was it really "probably the greatest since Fremantle."

To see these amazing sailboats on the water was mind blowing, but did we really see a great race? a bit of fun at that 5 min gun and USA 15 disappearing into the sunset, granted overtaking Alinghi 5 at a great rate of knots on the way.

No way give me some dicing and dueling, tacking and covering, crossing & who's in front, dummy jibes etc. but if we can have that and the speed then I'm with you.





EaglesPDX
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Feb 15, 2010, 11:14 PM

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Re: [waiknot] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
"Did we see a great race"

According to Montgomery, Lewis, Green, Spitall, Coutts, Sheahan...probably one of the greatest.

"No way give me some dicing and dueling, tacking and covering, crossing & who's in front, dummy jibes etc."

Montgomery kept repeating over and over again that all those complaints were simply debunked by the race which had it all. Doubt there's much market for the slow drifters off San Diego or Newport. Interestingly, only the fast, high tech multihulls could salvage those poor sailing venues.

Other than the paycheck, you don't see sailors eager to sail in the old Amcup monohulls. Spitall's regret (and he said he spoke for every man on the team) they loved to sail the fast multihull.



Andrew Vare
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Feb 16, 2010, 9:27 AM

Post #12 of 12 (11060 views)
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Re: [PeterO] Cory E. Friedman: IS THIS A DEED OF GIFT MATCH OR WHAT? [In reply to] Log-In to Post/Reply
To be fair to Peter Isler, who suffers from perhaps a misinterpretation from the distinguished Peter O. Allen, Sr: 'I usually value Peter Isler's opinions, however, he didn't get it right when he disagreed with Cory Friedman's view and suggests: " . . . none of us deserve to have a race at a scheduled time." '

The implication is that you have to go to a foreign shore and race a race dictated by the Notice of Race and Sailing Instructions penned (somewhat superfluously) by the defending Cup holder. Mr. Pedro is right in that, these things are never slanted towards a challenger, and one races quite at the whim of the defender. To "deserve" something is a conceit one could ill afford in the face of such a predicament. Which is why we woke up to a Mistral of 15 kts and 1 meter waves (I have pulled on many spinnaker sheets at twice the wind strength) and, to our exasperation, watched both boats idly sit there on a perfectly good day for sailing.

Challengers ALWAYS have to race 20% better than the defenders. That's the equation. Mr. Isler was simply pointing out that everything is done on someone else's terms. Now, corporate sponsors? Perhaps recent Supreme Court rulings will allow for pure politics to soak up more sponsor money than simple yacht racing. It's a wide open world out there and the old Corinthian ways, while admirable and full of backbone and decency, have been by the wayside since (A) the sport has proven a viable media feed for many events and (B) technology has pushed the envelope so far. When every part is made from pre preg carbon at 6 atmospheres, someone has to pay for it.

One hopes that some continuity exists between the old and the new, but for the AC it's strictly a commercial franchise at this point. How else could one afford to fund a full time 24/7 team and multi boat program?

The ISAF really needs to jump on this alleged SNG race committee thing. And pronto, since it's an egregious breach if true and worthy of full suspension across the board for SNG and Alinghi. I could not think of a behavior that exemplifies less backbone and sporting character than an America's Cup race committee abandoning their responsibilities and flaunting the PRO. It just isn't done. I hope it's not true.

I think I breathe a universal sigh of relief that this Thing is Done and may the Cup move on. Let’s all cull whatever positive input we can contribute to the Golden Gate YC and BMW/OR so there can be a truly world class, sporting event of character, in 2013.

Andrew Vare
SF Bay, California


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