In
a closely guarded submission to the America's Cup Arbitration panel, the
One World Challenge syndicate have confessed to possessing and using design
materials and software developed by Team New Zealand. The submission,
couched in hypothetical terms ("Assuming a syndicate were to possess
and use . . . would such be a violation of the Protocol?") nonetheless
goes to surprising lengths to describe the illicitly procured design material
and explain its specific usage. The tactical reason for doing so lies
in the absence of a pending protest from another syndicate or interested
party - by delivering a quasi-confession before being formally busted
hopefully leave an impression with the Arbitration Panel that One World
is innocent of complicity and is bringing these issues forth due to self-regulation
and disclosure. Moreover, if One World doesn't like the ruling, they can
proceed to Plan B (whatever that is, because the Panel's ruling would
only be advisory due to the lack of a complaint, protest or challenge
by another competitor.
Without a drooling adversary to actively rebut the veracity of what One
World submits, the team's only remaining worry is the Panel members willingness
to fulfill their responsibilities by demanding the ENTIRE picture. Absent
the Panel's proactive efforts to determine if corruption played a role
in these events, expect to see another hand-slap fine followed by raucous
laughter from the One World gang.
But wait a minute: aren't these the same design materials that One World
claims in a lawsuit that Sean Reeves tried to peddle to Oracle and GBR?
If they were misappropriated from Team New Zealand in the first place,
where does One World come off claiming they were the injured party unless
their REAL complaint is the threatened disclosure of how and from whom
One World got their hands on those materials to begin with. Seems to me
that these questions could be quickly and reliably answered by the sworn
testimony of Messrs. Reeves, Wright and Davidson, all who played key roles
in the underlying transactions and who are readily available and presumably
willing to fully cooperate to the ends that justice be done.
One World would not, of course, have any interest in such an approach
if they were interested in a decision based on all of the facts and evidence;
that's not their style. Recall the earlier preemptive Arbitration Panel
application they filed asking approval of Robert Hook's employment while
he also was employed by illbruck, even though no one had yet formally
complained of the arrangement. By acting before opposition could solidify
One World expected automatic approval of their application and the Panel
did conditionally approve Hooky's dual employment, undoubtedly a strong
factor in their present strategy. However, the questions and issues before
the Panel are significantly more important than the propriety of a sailmaker's
incestuous employment relationships. If, as One World hopes, it strategy
pays-off with a monetary assessment equivalent to 10 Hail Mary's and thereby
receives dispensation for its Protocol violations without a critical investigation
and disclosure of the full nature and extent of its sins, then you might
as well shitcan all AC restrictions on design provenance, incest and misappropriation.
Bottom line: One World won't be back, their concern for the future of
the America's Cup is no greater than the concern they have for their hookers,
hotel rooms and rental cars. There has never been a better opportunity
for the Arbitration Panel to create respect for the Rules and eliminate
the current perception that McCaw's wealth and teams of lawyers exempt
him from the rules applicable to the other competitors. As they say in
Texas "you gotta fry one every once in a while to keep respect for
the law." I say its time to Let 'Em Fry!
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