sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery
Sail-World.com : Gladwell's Line: Jury backs Defenders over Trials and Performance Data
Gladwell's Line: Jury backs Defenders over Trials and Performance Data


'Emirates Team NZ training in San Francisco Saturday August 4, 2013'    Chuck Lantz ©    Click Here to view large photo

The International Jury for the 34th America's Cup have agreed with the Defenders of the America's Cup, that they are not required to make public their Performance Data, even though the Challengers are required to do so.

Emirates Team New Zealand did not request any specific action, but asked the International Jury to answer a series of five questions, the last of which contained four sub-questions covering situations which would trigger the release of the Performance Data for each yacht when racing on the America's Cup Course.

On the final question, America's Cup Race Management gave four responses, saying that in its view competitors should be required to provide the data from their competing yachts in all four instances outlined by Emirates Team NZ. The Jury did not agree with their submission declining to support the release of data, if the races were practice races run either by ACRM, or in-house races on the America's Cup course.

In a fourteen page Decision document, the Jury accepts the argument raised by the Defenders (Golden Gate Yacht Club just supported the comments made by their team Oracle Tream USA) that there is no need for a set of Defenders Trials, as there is only one team, and therefore Oracle Team USA are both the Defender and a Defence Candidate.

As such, when the Defenders are sailing on the America’s Cup course, they have been deemed not to be racing in terms of the Protocol, and therefore even though their Performance Data is recorded by the regatta organisers, it does not have to be released to the media and public.

The Challengers are deemed to be different because although they are also sailing on the America's Cup course, they are (correctly) deemed to be racing in a Selection Series, while the Defenders because they are a 'Team of One' have no Defender Selection Series, and are immune from the requirement to publicly release data.

Emirates Team NZ prepares for a gybe while training in San Francisco Saturday August 4, 2013 -  Chuck Lantz ©   Click Here to view large photo
The Decision sanctions a very basic inequity between the Challengers and Defender in that Oracle Team USA now has the ability to use the performance data from the Challengers – which is released because they are deemed to be racing in a Challenger Selection Series. Their activities on the America's Cup Course are deemed to be training and practice racing, but not Defender Trials as such.

In arriving at its Decision the International Jury seemed to accept a comment from Oracle Team USA that a media statement issued by America's Cup organisers, on August 2, 2012, was a 'provisional schedule.. a marketing document, and not a Rule or signed agreement' which stated:

In parallel to the challenger series, Oracle Team USA will hold Defender Trials to strengthen its bid to defend the Cup. Jimmy Spithill, the skipper of Oracle Team USA when it won the Cup in 2010, will helm one of the boats, while Ben Ainslie, multiple Olympic Gold Medalist from the UK will helm the other. They will go head to head on the same racetrack and on the same days as the Louis Vuitton Cup challengers.

Those statements were backed by America's Cup Events Authority CEO, Stephen Barclay, when he told Sail-World in an interview on changes that had been made to the location of Team bases and other facilities:

Barclay says that the Challenger and Defender teams will race on the same day, but using the America's Cup course at different times.

Some of the performance data can be seen in this animation from Virtual Eye, the published MS-Excel show the data recorded at a frequency of five times per second. -  ARL Media   Click Here to view large photo
The Defence Series will be to determine which of the two teams Spithill or Ainslie represent the Defender, Golden Gate Yacht Club.


Interestingly, it was not the America's Cup organisers who said the release was misleading, but Oracle Team USA.

The Decision would also appear to cut across the principles of Neutral Management requiring the Parties to 'act in the best interests of all Competitors collectively' and 'not unreasonably favour the interests of one Competitor over another'.

Clearly in this instance, the Competitors are not being treated on an equal basis, regardless of the way subsequent provisions of the Protocol can be woven and interpreted. America's Cup Regatta Management, one of the Parties required to act on the basis of Neutral Management, responded in a way that supported those principles. However their response was overturned by the International Jury, who in effect, granted the advantage sought by Oracle Team USA.

The questions asked by Emirates Team New Zealand were clearly aimed at the view that racing by the Defender on the America's Cup course was only permitted as Defence Trials. (With equal time being granted to both sides in the America's Cup equation to conduct selection trials.) If there were no Defence Trials, then there was no access. But at a meeting almost a month before the release from America's Cup Media saying there would be Defence Trials, and what would be trialled, given there was only one team, the parties agreed on a schedule of agreed racing access to the America's Cup course for the Defenders and Challengers.

Covering the option that the Jury would agree with the Defender that there were no Defence Trials, then Emirates Team NZ sought to have the performance data released from racing stage by the Defender on the America's Cup course, as was being done for the Challengers.

In short, the fair view was that each side should should release their data from racing conducted on the America's Cup course during the period of the Louis Vuitton Cup.

Big gain for the Defenders

The Decision also underlines the degree to which the Defenders have gained control and influence over the Challenger Selection Series, and can now argue the fine print in the rules to gain an advantage over the Challengers, on matters where Neutral Management should prevail.

The Challenger's data can be compared with the Defender's, by the Defenders, and analysed giving the Defenders a significant advantage in knowing whether the Challengers are faster or slower than the Defenders on the America’s Cup course. More significantly the Defenders can determine on which points the Challengers may have an advantage, and then work to overcome those weaknesses.

Going into the Match the Defenders should have a good idea of the relative strengths and weaknesses of the successful Challenger, and can plan their tactics accordingly. The Challengers on the other hand will be going cold into the Match, and will have no idea of the strengths and weaknesses of the Defenders, until at least a couple of days racing have been completed - and by that stage the series is almost half over, given that four races will have been sailed.

Luna Rossa prepares for a gybe while training in San Francisco Saturday August 4, 2013 -  Chuck Lantz ©   Click Here to view large photo
While the teams have been conducting surveillance on each other, as permitted by the Protocol, since the AC72’s first saw the light of day, and prior, the data gathered in hat activity has been limited as it is not possible to tell the wind strength and direction on the observed boat.

Obtaining Performance Data from the Louis Vuitton Cup series alters that situation somewhat as the course wind data is included.

While Article 38.2 of the Protocol talks about competitors providing the performance data 'as required by the Event Authority for media purposes' which should mean that the data is available of accredited media only.

Instead very detailed data - way beyond the level of detail required by media is provided in a public section of the America's Cup website click here to view. The only requirement of this detailed level of data (readings at a frequency of several times per second), for media purposes, is to drive programs like Virtual Eye. But in such a use, there is no need for the underlying data to be revealed. Instead ACEA is providing full data files for access by anyone, media or not, including rival teams.

In other words, the Event Authority appears to be in breach of the Protocol over its distribution of the performance data from the Challengers.

Two wrongs might make a right, if the Defender's performance data from racing on the America's Cup course, were also available publicly and through Virtual Eye. But that is not the case.

Added to the advantage for the Defender is the fact that from TV coverage and broadcasts of the Louis Vuitton Cup, a further benefit is gained where they have access to helicopter shots of the Challengers. Defender racing is not videoed by America's Cup TV.

Taking all the data and video sources as whole, the Defenders have significant advantage to which the Challengers are denied.

For instance, the information could be used to determine how Emirates Team New Zealand undertakes their foiling gybes. Using the performance data, boats speeds and boat course during the gybe can be tracked frame by frame on a computer, alongside that a video of the crew movements can be synchronized allowing a choreograph of the foiling gybe to be developed.

Under the Jury ruling it would seem that the Challengers will never see any data from the Defenders until the Match for the 34th America’s Cup.

By staying out of the Semi-Finals, Emirates Team NZ will deprive Oracle Team USA of one set of data, but will be forced to show her hand again in the Finals. That will give the Defenders the chance to determine whether they have the measure of the Challengers, and also what gains have been made since the Round Robin

The only option open to the Challengers would appear to be to sandbag, once the outcome of the Semi or Final race is known, and render the performance data largely useless.

For fans outside the San Francisco bubble, an interesting source of information has been neutered.

The full Jury Decision can be read by clicking here

Emirates Team NZ training in San Francisco Saturday August 4, 2013 -  Chuck Lantz ©   Click Here to view large photo

Spectators (and spies?) watch Luna Rossa training in San Francisco Saturday August 4, 2013 -  Chuck Lantz ©   Click Here to view large photo


by Richard Gladwell

  

Click on the FB Like link to post this story to your FB wall

http://www.sail-world.com/index.cfm?nid=112813

9:13 AM Sun 4 Aug 2013GMT


Click here for printer friendly version
Click here to send us feedback or comments about this story.

Click for further information on
2013 America's Cup

Related News Stories:

08 Aug 2013  Louis Vuitton Cup: Semi-Finals Day 2 action from San Francisco Bay
08 Aug 2013  America's Cup: Is it Fair? Unprecedented bias towards the Defender
08 Aug 2013  Louis Vuitton Cup: Ugly race gets Luna Rossa halfway to the Final
07 Aug 2013  Louis Vuitton Cup: Images of the Semi-Finals - Day 1
07 Aug 2013  Louis Vuitton Cup: Semi-Final, Race 1 images by Carlo Borlenghi
07 Aug 2013  Louis Vuitton Cup: Am-Cam video of Semi-Final 1
07 Aug 2013  Louis Vuitton Cup: Artemis starts Semi-Final with pace
07 Aug 2013  Lous Vuitton Cup: Luna Rossa wins the first race of the semifinals
07 Aug 2013  Louis Vuitton Cup: Luna Rossa fends off Artemis in Race 1 of Semis
07 Aug 2013  Louis Vuitton Cup: Artemis big surprise in first Semi-Final race
MORE STORIES ...






News - USA and the World

Comanche’s owner, Jim Clark concedes that a Rolex Sydney Hobart isn’t the ideal first race for such a big, complex machine, but: 'I am married to an Australian, and I’ve seen the start of the Rolex Sydney Hobart a number of times. ... [more]  

St. Thomas, US Virgin Islands. Organizers of the St. Thomas International Regatta are proud to announce that Cruzan Rum and Presidente beer, distributed by Glazer’s Premier Distributors, LLC, will provide major sponsorship in support for the 2015 regatta. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Warwick Sherman never really wanted to do the Rolex Sydney Hobart, he’d done plenty of ocean racing, but bashing his way across Bass Strait to get to Tasmania just didn't grab him. Perversely, all that changed when he was diagnosed with cancer. ... [more]  

The second stage of the Soto 40 South American Tour is coming up next and will be held in Algarrobo, Chile from 24 - 31 January. More than eight yachts are expected to take part in the Chille Sailing Week, a competition noted for its level of competition and close racing, where success is characterized by consistency, precision and teamwork. ... [more]  

The Flying Dutchman, regarded as one of the finest and fastest one-design dinghy classes ever designed, will return to Sydney Harbour en masse when the Royal Sydney Yacht Squadron conducts the Australian and World championships, starting next week. ... [more]  

The International Moth Class isn't exactly a new sailing class, yet the learning curve would have to be one of the steepest out there. Moths have been on foils for almost 10 years, yet besides talking to fellow moth sailors, there isn't a lot of information out there to help you master the skills and techniques needed to fly ... [more]  

America's Cup: Full CAS report finds both ISAF and de Ridder at fault *Feature by Richard Gladwell, Sail-World.com/nz
The Decision of the Court for Arbitration of Sport over the suspension of Dutch sailor Dirk de Ridder has been circulated. The report, which was earlier reported in summary form as to the decision, confirms a 18month suspension on de Ridder, one of the Netherlands' top sailors ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Australia’s premier ocean race has always had an international flavour; Captain Illingworth, who started the whole Sydney Hobart thing was, after all, an Englishman. ... [more]  

An initiative by the SuperYacht Racing Association (SYRA) led to collaboration with the Offshore Racing Congress (ORC) and ultimately the creation of a new superyacht handicapping rule - the ORC SuperYacht Rule (ORCsy). ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Ocean sailors are daft; why else would you think it a good idea to take a modern ocean racing yacht around the world on her own bottom to compete in lots and lots of races, some thousands of miles long? ... [more]  

2014 Rolex Sydney Hobart Yacht Race - The island is off the NSW south coast, 155 nautical miles south of Sydney’s South Head and about 6 nm south-east of Narooma. Its lighthouse, built of granite quarried on the island, began operating in 1881. The island is a protected nature reserve. ... [more]  

2014 Rolex Sydney Hobart Yacht Race - Hundreds of Australian sailors spend their lives trying to win the Tattersall’s Cup; year after year they declare in Hobart that this was their last Rolex Sydney Hobart - definitely - for sure. But 12 months later you spot them again at the Cruising Yacht Club of Australia, tinkering with their pride and joy and nervously eying off Boxing Day ... [more]  

America's Cup: Lawsuit against Oracle Racing lodged in San Francisco *Feature by Richard Gladwell/Sail-World.com/nz
In further legal fallout from the 34th America's Cup one of the New Zealand sailors named in an action bought by the International Sailing Federation has in turn lodged a lawsuit in a California Court against his former racing team, Oracle Racing Inc over boat fixing in America's Cup World Series ... [more]  

Antigua Sailing Week 2015 by Antigua Sailing Week
If you haven't been to Antigua Sailing Week for some years Antigua Sailing Week have a quick overview for you of what has changed and what makes it worth the journey along with information on bareboat and race charters, multihulls and challenges for 2015. ... [more]  

RORC Transatlantic Race: The three-man team on Sérénade was the final yacht to complete the inaugural race. Having spent over 18 days at sea, the crew were understandably tired but Denis Villotte, Alain Houchard and Pit Porta were smiling from ear to ear in Camper & Nicholsons Port Louis Marina. A large welcoming party had gathered to greet them. ... [more]  

2017 J/80 World Championships: The Royal Southern Yacht Club (RSrnYC) has an active J/80 fleet and attracts many more of the class to its summer series of regattas run annually from May through to September, in addition to match racing J/80s in the annual Grade 2 Match Cup. ... [more]  

Spectacular fire on Sydney Harbour captured on video *Feature by Richard Gladwell, Sail-World.com/nz
Sydney sailing sports photographer, Beth Morley was on Sydney Harbour, capturing images of the Friday night racing, when a luxury launch caught fire nearby. I was out photographing the Ransa Sailing yacht race this evening when I saw smoke coming from the back of a large cruise boat around the back of Sow and Pigs (reef) area towards Middle Head. ... [more]  

Clipper Round the World: The award is in recognition of the way he directed his crew during a dramatic man overboard rescue in the harsh northern Pacific Ocean last March. The Rod Stephens Trophy for Outstanding Seamanship is an internationally renowned trophy awarded annually for an act of seamanship which significantly contributes to the safety of a yacht, or one or more individuals at sea. ... [more]  

OK Dinghy Worlds: Some sailors will even be in transit over the festive period, so thoughts of overindulgence will be a long way from their minds as they focus on the challenge ahead – overcoming the strong Australian team and preparing for the conditions on Port Phillip Bay. However, if the event is true to form - there will be overindulgence in competitive and fun racing. ... [more]  

The Decision of the Court for Arbitration of Sport over the suspension of Dutch sailor Dirk de Ridder has been circulated. The report, which was earlier reported in summary form as to the decision, confirms a 18month suspension on de Ridder, one of the Netherlands' top sailors ... [more]  

2014 Rolex Sydney Hobart Yacht Race - With the early weather outlook for next week’s Rolex Sydney Hobart Race indicating it will be a sometimes torrid all-round test over the 628 nautical miles, the highly experienced crew of race record holder Wild Oats XI is feeling comfortable but not over-confident. ... [more]  

Hanohano Outrigger Canoe Club, Huki Outrigger, and Hoven Vision present the 19th Annual Hanohano Huki Ocean Challenge to be held in Mission Bay, San Diego, Ca. on January 24th, 2015. ... [more]  

Photographer Andrea Francolini was on the water to provided this gallery of images of Comanche. ... [more]  

Images from Mauritius as the Team Vestas Wind recovery crew prepare to depart for the Cargados Carajos Shoals, over 200nm away. The team have acquired some salvage equipment and will live aboard a chartered boat and attempt to float the boat over the reef and into the lagoon. ... [more]  

The skipper of Mapfre, Iker Martinez will leave the Campos managed Volvo Ocean Race entry for the third Leg of the Volvo Ocean Race. The team cites a conflict between Martinez's Olympic commitments in the Nacra 17 and the Volvo Ocean Race, as the reason for the departure which the team says was a planned move. ... [more]  

Team Vestas Wind skipper Chris Nicholson (AUS) has flown back to a remote Indian Ocean reef to help oversee a complicated operation to retrieve his stranded boat after it was grounded there during Leg 2 of the Volvo Ocean Race nearly three weeks ago. ... [more]  

The America's Cup Competitor Forum, comprising the six teams registered for the 2017 America’s Cup, has appointed Iain Murray as Regatta Director. The appointment was tipped a month ago in Sail-World.com. Under the Protocol for the 35th America's Cup, the appointment has to be approved by the majority of the competitors. ... [more]  

Rolex Sydney Hobart Race: The intention to enter the fleet of twelve Clipper 70s in the 71st edition has just been confirmed by Clipper Race organisers. The RSHYR will form part of the biennial Clipper Race series for a second time. The round-the-world fleet created much interest in 2013 as amateur sailors from over 40 different nationalities competed as part of their 40,000 mile circumnavigation. ... [more]  

If you missed this week's edition of Adventures of a Sailor Girl, then hear the replay below. This week's show is the 34th. Sailing news in sixty seconds-ish (2:46). Sail Sydney: Josh McKnight (Moth, 9:43), Tom Spithill (Moth, 12:45), Olivia Price & Eliza Solly (FX, 15:24) Tom Burton (Laser, 23:20) James Wierzbowski (Extreme 40's, 32:08) and much more ... [more]  

RORC Transatlantic Race 2014: Isabelle Haudiquet was on the helm as the bright yellow hull blasted through the finish line. Having safely moored Bingo after 17 days at sea, the French crew enjoyed a cold beer dockside at Camper & Nicholsons Port Louis Marina. ... [more]  

Volvo Ocean Race: Chris Nicholson Interview - Part 3 - On the Atoll *Feature by Richard Gladwell/Sail-World.com/nz
Final part of a three part, 80 minute, interview with Team Vestas Wind skipper, Chris Nicholson on the wrecking of the Volvo Ocean Race yacht on an idyllic atoll in the South Indian Ocean during the night of November 29. In this part, Nicholson tell what happened once the crew stepped aboard the local coastguard boat just after dawn, and subsequent trips back to the wreck. ... [more]  

The Safety Requirements and Recommendations (SRR) for the 2015 Bell's Bayview Mackinac Race are now published. On Saturday, March 21, Bayview will be hosting Mark Thornton for his presentation and seminar 'Preparing Your Mac Forecast: A Workshop For Sailors.' ... [more]  

2015 International 14 World Championship - Four-time World Champion, Britain’s Archie Massey, expects racing in the titles at Geelong, Australia, will be tight. ... [more]  

WWA Wake Park World Series - Daniel Grant and Aaron Gunn make history
US Sailing’s Rolex Yachtsman and Yachtswoman of the Year Awards
Sailing World Cup Melbourne: Highlights video from Port Philip
Bart’s Bash raises huge total for international sailing charity
Optim'X (FRA) completes RORC Transatlantic Race 2014
Perpetual Loyal unveils 1120 square metre A2 for Rolex Sydney Hobart
ISAF SWC Melbourne – Girls’ Day Out *Feature
Website for the 2015 Finn Gold Cup in Takapuna is launched
Great signed Limited Edition sailing books by Bob Fisher for Christmas
Clipper Race - Sir Robin Knox-Johnston to mentor young South African
IFDS Worlds 2014 New Video Memories - Halifax is just a click away!
McDougall + McConaghy Moth Worlds 2015 - Must see, seriously fun event
Volvo Ocean Race: Chris Nicholson Interview - Part 2 - On the Rocks *Feature
Successful St. Maarten Regatta Beach Clean-Up at Kim Sha Beach
US Sailing releases Rio 2016 Olympic Trials System
Rolex Sydney Hobart Yacht Race - Oldies return
Volvo Ocean Race sets up independent inquiry into Vestas Wind disaster
Volvo Ocean Race: Team Brunel: sweet victory
RORC Transatlantic Race - Apollo 7 touch down
2014 OK Dinghy Worlds Preview one - Last but not least
Melges 24 Christmas Sprint Series - Christmas comes early for Red Mist   
Extreme Sailing Series 2014 Act 8 - Superb podium finish for Realteam   
Volvo Ocean Race: Chris Nicholson on the Team Vestas Wind disaster - 1 *Feature   
USA 4 Windsurfing campaign   
Rolex Sydney Hobart Yacht Race - One last modification to Wild Oats XI   
Sydney-Hobart: Wacky Races 2 - Frosty, Hoonigan and Wilbo *Feature   
RORC Transatlantic Race 2014 - Big adventure comes to an end   
ISAF World Sailing Rankings – 15 December 2014   
Comanche; Supermaxi Showdown VIDEO   
Miami Star Winter Series - Commodores Cup Final day   
2014/15 Audi Melges 20 Miami Winter Series - Jason Michas wins   
2014 RORC Transatlantic Race - Yacana crosses finish line   
2014 Extreme Sailing Series - Act 8 - Swiss team Alinghi wins   
Extreme Sailing Series: Images from Act 8 + Series' Highlights video   
Volvo Ocean Race: Dongfeng Race Team - Leg Two review   
Extreme Sailing Series: Alinghi crowned 2014 and Sydney champions   
Extreme Sailing Series -Sydney Land Rover recognises talent   
ISAF Sailing World Cup Melbourne - Medal Race Images   
Extreme Sailing Series: Alinghi dons ESS Crown, Oman Air wins award   
18ft Skiffs: Rooklyn scores win in Syd. Barnett Jr. Memorial Trophy   


For this week's complete news stories select    Last 7 Days
   Search All News
For last month's complete news stories select    Last 30 Days
   Archive News







Sail-World.com  


















Switch Default Region to:

Social Media

Asia

Australia

Canada

Europe

New Zealand

United Kingdom


http://www.sail-world.com/event_images/image/Twitter_logo_small.png http://www.sail-world.com/event_images/image/FaceBook-icon.png  http://www.sail-world.com/event_images/image/RSS-Icon.png

United States

Cruising Northern

Cruising Southern

MarineBusiness World

PowerBoat World

FishingBoating World

 

Contact

Commercial

News

Search

Contact Us

Advertisers Information

Submit news/events

Search Stories/Text

Feedback

Advertisers Directory

Newsletter Archive

Photo Gallery

 

Banner Advertising Details

Newsletter Subscribe

Video Gallery

Policies

 

 

 

Privacy Policy

 

 


Cookie Policy

 

 



This site and its contents are © Copyright TetraMedia and/or the original author, photographer etc. All Rights Reserved.  Photographs are copyright by law.  If you wish to use or buy a photograph contact the photographer directly.
XLXL NEW US
LocalAds   DE  ES  FR  IT