sail-world.com
 
 
News Home Cruising Photo Gallery Video Gallery

 

Sail-World.com : Drama ahead as Fundamental Rule Change approved by Laser Class Members

Drama ahead as Fundamental Rule Change approved by Laser Class Members

'Laser Masters Worlds 2011'    Chuck Lantz ©    Click Here to view large photo

A major sports political development may have ramifications for One Design Dinghy sailiing world wide, with the Laser Class President Heini Wellmann and Class Executive Secretary Jeff Martin announcing that after a vote by International Laser Class membership to change the class rules, they will be applying to ISAF to have that change ratified.

Early this year the International Laser Class Association (ILCA) asked its membership to immediately vote YES on a fundamental rule change, probably the most important one in the history of the class. It would have a major change on the class structure.

In a document distributed to ILCA members worldwide the Laser Class Association amongst the arguments for voting Yes said – ‘a builder also needs a building agreement from Bruce Kirby or Bruce Kirby Inc. (the original designer of the Laser..ed) This provision is mostly historical. The rule was instituted at a time when Bruce Kirby held certain design rights. The ILCA is not a party to any of these 'Kirby' agreements.

‘We also took legal advice. We understand this is the only possible solution in order to promote the uninterrupted supply of class legal Laser boats and to maintain ILCA in its current set-up. The lawyers also informed us that the Kirby design patents had in fact expired.

‘Therefore, we are proposing to change the rule to eliminate the 'building agreement from Bruce Kirby or Bruce Kirby Inc' requirement.'

Today, Laser Class President Heini Heini Wellmann and Class Executive Secretary Jeff Martin released the following statement.

Fundamental Rule Change - voting results

International Laser Class Association: results of fundamental rule change voting

After the approval by the World Council and the Advisory Council on March 7th 2011 a change in the fundamental rule of ILCA was submitted to the member for voting on March 23rd 2011 with following explanation:

This rule change if ratified by ISAF will have major affects on One Design classes world-wide.

This rule change proposes to eliminate the 'building agreement from Bruce Kirby or Bruce Kirby Inc.' requirement.

Manufacturers who have trademark rights and who build in strict adherence to the ILCA Rules and to the Construction Manual, which is controlled by ILCA, will continue to have the right to build Class legal boats.

Discussions on the different web forums during the 6 months voting period showed that there were some misunderstandings on certain element of the proposed rule change. These were attempted to be clarified by the ILCA President with a statement of 19 September 2011, which was published on the International Class web site and circulated to all National Laser Associations:

In September the ILCA President wrote to the membership world wide 'Under the current ILCA Class Rules a valid builder agreement is required between the 'design rights holder' and the licensed Laser builder.

'Who the owner is of the design rights is unimportant in this context. Since the licence agreement with Laser Performance Europe has been terminated, only a new (or the renewal of the old) licence agreement between the 'design rights holder' and Laser Performance Europe would solve the issue and potentially make the rule change unnecessary.

'ILCA has always preferred a peaceful solution. If all three parties are close to agree on a solution, we will not stay in their way and give them reasonable time to conclude their negotiations on a new licence agreement with Laser Performance Europe.'


Today they reported 'Unfortunately, up until today no new licence agreement between the 'design rights holder' and Laser Performance Europe has been signed or is close to an agreement, nor has the old agreement been confirmed by all parties concerned.

Result of the membership vote:

The voting for the change to the Laser Class Fundamental Rule and other Technical Rule Changes closed at midnight Friday 23 September 2011. Thereafter the votes were verified for membership validity by each District or Region. The results were then audited by an independent audit firm, which reported 1017 ‘yes’ votes (89,3%) and 122 ‘no’ votes (10,7%), showing that over two thirds of the voting members approved the rule change as required by the ILCA Class Rules, part five, article 30(c).

Therefore we will seek the approval of ISAF within the next few days as required by the ILCA Class Rules, part five article 30(d).


Under ILCA rules, the amendments to these Rules shall be approved by each of:

a. the World Council,

b. the Advisory Council,

c. at least two thirds of the membership replying in writing to the International Office of the Class in response to a postal ballot published by the International Office of the Class. Only those postal votes returned to the International Office within six months from the date of publication of the rule change shall be valid, and

d. the ISAF.

However it seems that this may be a much more complex issue than that which the ILCA stated.

To the earlier ILCA statement that ‘Lawyers also informed us that the Kirby design patent has in fact expired’ Bruce Kirby responded ‘That’s total bull s--t! There never were any patents. You can't patent a sail boat design. These were contracts, legitimate contracts drawn up by lawyers and there is no suggestion that I had a patent on the boat. These were long term contracts that were renewable every so many years. No-one’s ever questioned them so I don’t know what lawyer they found that suggested this course of action. It’s crazy!’

Asked about the pre-vote ILCA statement 'Therefore, we are proposing to change the rule to eliminate the 'building agreement from Bruce Kirby or Bruce Kirby Inc' requirement' Kirby said ‘If this rule change was to come into play, it would be a disaster - to suddenly expose all designers who want to have international Class boats to a major legal precedent.

‘Just imagine that with the 49er, the J Boats, the Farr designs, all kinds of people, all kinds of designers.

‘Imagine an International Class succeeding, with the help of ISAF, in setting aside commercial rights that have been in force for 30 or 40 years. Can you imagine what would happen in a legal case?’

This week the ILCA World Council will be meeting, Kirby's last sentence possibly a factor in discussions.

If the material provided by Heini Wellman and Jeff Martin to the ILCA voters was in fact not accurate, as Kirby forcibly suggests then where to from here?

What do Julian Bethwaite, the Johnstones and Bruce Farr think about this development?

It has been alleged by some influential members of the ILCA, not in favour of this rule change, that ISAF has previously let it be known that this change was unlikely to be ratified by ISAF. Now it seems we will discover if this is in fact the situation.

It seems the saga is likely to continue for some time to come.




by Rob Kothe & the Sail-World Team

  

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

http://www.sail-world.com/index.cfm?nid=90118

2:46 AM Sun 30 Oct 2011 GMT






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


News - USA and the World

Volvo Ocean Race: Fleet charges the door of the Doldrums Casino *Feature by Richard Gladwell/Sail-World.com/nz
The Volvo Ocean Race has lifted intensity again on Day 9 with the fleet spread across 100nm of ocean and charging in a line for the turning point of Fernando de Noronha, 220nm off the Brazilian coast. ... [more]  

The first eight days of the 2014-15 Volvo Ocean Race have been filled with more excitement and tighter racing than anyone could have anticipated. Up until Saturday morning, Leg One has left the fleet with few tactical options and therefore has kept everyone tightly packed as one unit of seven boats. ... [more]  

As expected the third day of the 2014 La Torche PWA Grand Slam proved to be a quiet affair with very light winds throughout the day. After a chilly and overcast start, the sun eventually broke through to produce another beautiful afternoon in La Torche. ... [more]  

Volvo Ocean Race 2014-15. The sun’s out. It’s warm – not too hot, but warm enough for just a tee shirt. Ian Walker is stood at the helm of his Emirati boat, generous Atlantic trade winds whistling past his ears. 'We’re going straight through,' he claims, confidently. 'What Doldrums? - they’re going to say. Azzam isn’t even going to slow down.' ... [more]  

At 1700 CET in the Rolex Middle Sea Race, 113 yachts had rounded Stromboli, the active volcano that marks the most northerly point of the course. Race leader on the water, Esimit Europa 2, was less than 20 miles from Favignana and preparing to turn south with 289 miles to go and is expected to finish the race in the early hours of Wednesday 22 October, which would be well outside the course record ... [more]  

It is with great pleasure that the Star Sailors League announces that two more top Brazilian sailors will be joining the fleet of 20 super-champions taking part in the Star Sailors League Finals 2014 being held for the second consecutive year at Nassau Yacht Club in the Bahamas between December 1st and 7th. ... [more]  

Volvo Ocean Race 2014-15, Day Nine onboard Team Alvimedica. It’s hard to explain the complexity of the weather in this part of the world. No computer model or forecaster can accurately predict the winds because the air here is dry and warm, 23c now, and the typical barometric pressure gradients that generate them become very weak. ... [more]  

Volvo Ocean Race 2014-15, Day Nine onboard Team SCA. We’re a boat on a mission: catch the fleet. And they’re getting closer by the mile. The first time I sailed past Cape Verde islands was in 2010 when I was helping deliver a catamaran from Gibraltar to Antigua, W.I. ... [more]  

Thailand bids for 2016 IODA ‘Optimist’ World Championships by Jordan Rumsby, Royal Varuna Yacht Club
Pattaya's Royal Varuna Yacht Club has submitted a bid to host the 2016 International Optimist Dinghy Association World Championships, offering the world's most talented junior sailing teams a chance to experience the steady wind, sunshine, smiles, great food, and family-friendly attractions of Thailand's top dinghy sailing destination ... [more]  

Photographer Ellen Hoke was on the water at the Farr 40 Worlds sailed from the St Francis Yacht Club, San Francisco, and provided this second gallery of images from the Final Day - Day 4 Prizegiving ... [more]  

Bill Green - builder and sailor passes on by Malcolm McKeag, Scuttlebutt Europe, Lymington, England:
Bill Green, San Francisco-born sailor, Navy jet jockey (not a lot of people know that); US Coastguard; shrimp-boat hand (not a lot of people know that either); One Ton Cup winner and most latterly proprietor of Green Marine slipped quietly away from this life ... [more]  

Tom Burton (AUS) retained World #1 in the Laser after a tremendous fight back at ISAF Sailing World Cup Qingdao where he picked up bronze. The Australia had a tough opening day, finishing down the pack in both races but as the week progressed he worked his way up and sealed bronze on the final day to keep hold of World #1. ... [more]  

Photographer Ellen Hoke was on the water at the Farr 40 Worlds sailed from the St Francis Yacht Club, San Francisco, and provided this gallery of images from the Final Day - Day 4 ... [more]  

Photographer Ellen Hoke was on the water at the Farr 40 Worlds sailed from the St Francis Yacht Club, San Francisco, and provided this gallery of images from Day 2 ... [more]  

Rolex Middle Sea Race 2014 - A hard day's night by Media Royal Malta Yacht Club
Rolex Middle Sea Race - As high pressure moved in from the north, the area around Stromboli had virtually no gradient wind and for those yachts yet to reach Stromboli, a south flowing current has slowed proceedings even further. For the competitive offshore yacht racer, performing well in light wind is more difficult than blasting through a storm at top speed. ... [more]  

34th Student Yachting World Cup - France knew today its best day since the beginning of the competition. They spent the two races at the very first positions, even rivaling with the ultra-dominant English team. They showed today an astounding panache, and can now hope to improve their ranking before the end of the SYWoC. ... [more]  

The Chinese entry Donfeng Race Team, has lost her lead on Day 9 of the Volvo Ocean Race, with boats on the east and western side of the course threatening. Two hours before the most recent sked at 0640hrs UTC, Dongfeng was still being listed by Volvo Ocean Race as the leader. But Team Brunel is now listed as the leader, but on a time taken projection basis, Team Brunel is fifth. ... [more]  

Flying Dreams is a movie directed by the talented Elsa Blayau is an ode to ocean, water sports and femininity. Based on an original idea from Alex Udin, Elsa Blayau transformed the project to a complete story and brought it to reality with this realization. ... [more]  

The 70th running of the Cruising Yacht Club of Australia’s annual Rolex Sydney Hobart Yacht Race is living up to expectation with 98 high-calibre entries received so far, from Sean Langman’s 1932 built Maluka of Kermandie, the oldest and smallest boat at nine metres, to the super maxis. The most talked about boat though, is the Verdier Yacht Design and Vplp 100 footer, Comanche. ... [more]  

Volvo Ocean Race: Blogs from the Boats - Leg 1, Day 8 plus Videos *Feature by Richard Gladwell/Sail-World.nz/com
Several of the On Board Reporters aboard, provide their unique views of Leg 1, Day 8 of the Volvo Ocean Race - in text, images and video. Catch a birthday at sea on board Team Brunel, and unravel the fishing net with Team SCA Hear and see how the crews coped with the front that came through in the nigh ... [more]  

Shala Youngerman and her team from Southwestern Yacht Club won the 23rd annual Linda Elias Memorial Women’s One-Design Challenge Sunday in this two-day fleet race regatta organized and sponsored by the Long Beach/Los Angeles Women’s Sailing Association and hosted by Long Beach Yacht Club. ... [more]  

After three days of racing in the Valparaíso bay, the Santander team was crowned champion of the Off Valparaíso Race, first stage of the Soto 40 South American Tour that was held in the Yacht Club de Chile with the participation of eight boats. ... [more]  

Day two of the La Torche PWA Grand Slam saw the glorious golden sunshine continue together with the waves, but unfortunately the wind remained absent again. To keep the crowds entertained Jules Denel (JP / NeilPryde) and birthday boy - Antoine Martin (JP / NeilPryde) - attempted a bit of wave tow-in with varying degrees of success, as Antoine Albeau (RRD / NeilPryde) took control of the jet ski. ... [more]  

Volvo Ocean Race: Dongfeng consolidates lead on Day 8 *Feature by Richard Gladwell, Sail-World.com/nz
After cutting between the Cape Verde islands, separating from the rest of the Volvo Ocean Race fleet, Chinese entry, Dongfeng gained an initial significant lead, which they are in the process of consolidating. One routing option for the then race leader Abu Dhabi Ocean Racing, gave the team the option of cutting inside the island group, they are close to the optimum course for Fernando off Brazil ... [more]  

RS:X Youth World Championships - All set for Clearwater action by RS:X Olympic Windsurfing Class Association
Mild, breezy weather, temperate Gulf of Mexico waters and wide bands of sugar white sand - this is the place where 2014 RS:X Youth World Windsurfing Championship racing is about to start. 'Clearwater Beach is the perfect spot to play host to the young windsurfers gathering here from around the world for international competition', says Frank Chivas. ... [more]  

The first 24 hours of the Rolex Middle Sea Race has seen the fleet progress slowly up the eastern seaboard of Sicily towards the Strait of Messina. By 16.00 on day two, a mere ten per cent of the competition had passed through the Strait and started the leg to Stromboli, where they will turn west towards the Egadi Islands. ... [more]  

Volvo Ocean Race 2014-15 - If only it were that easy. Amazingly we did manage to replace the rudder and regain first position amongst the fleet however just hours afterwards, navigator Pascal Bidégorry was faced with an important strategic decision. ... [more]  

Ian Moore, navigator on Cookson 50, Mascalzone Latino, is no stranger to the Rolex Middle Sea Race, this is his fourth and Ian was part of the winning crew on Bryon Ehrhart's TP52, Lucky in 2010. Ian describes the tactical nuances of the first night at sea. ... [more]  

Top videographer and photographer, John Navas, was on the water for the final day of the Farr 40 Worlds being sailed on San Francisco. ... [more]  

The brilliant conditions of last week’s opening race of the season were duplicated today when the Australian 18 Footers League’s Major A. Frizelle Trophy race was sailed in a 20–knot North East wind on Sydney Harbour. Current JJ Giltinan champion Gotta Love It 7 team of Seve Jarvin, Sam Newton and Scott Babbage showed why they are the world’s best team. ... [more]  

Volvo Ocean Race - The fleet has finally left the West African Coast. They are now in the trade winds, making the westerly course across the Atlantic Ocean to FernandoThey will find the Cape Verde Islands in the way and that will cause some issues of navigation. ... [more]  

2014 ISAF Sailing World Cup Qingdao - It was a light wind, big wave finish at ISAF Sailing World Cup Qingdao as the medallists were decided across the six fleets competing on the waters of the Beijing 2008 Olympic Sailing Competition. ... [more]  

2014 Rolex Farr 40 World Championship - In life, timing is everything. And, after seven years in the Farr 40 class, the timing was right for New York financier Alex Roepers to achieve a long-held goal of winning the Rolex Farr 40 World Championship. ... [more]  

Coast Guard rescues two near Wachapreague
2014 Off Valparaíso Race - Day 2
La Torche PWA Grand Slam - Massive swell on day 1
Volvo Ocean Race: Welcome to Al's Ocean Cafe
Argo Group Gold Cup survives Hurricane Gonzalo
Volvo Ocean Race: Dongfeng regains lead after incident packed Day 7 *Feature
Volvo Ocean Race: Dramatic video of Dongfeng rudder replacement
Volvo Ocean Race - Team Alvimedica bounces back
Volvo Ocean Race - Team SCA expecting the expected + Video
Rolex Middle Sea Race - New record for Mediterranean classic
ISAF Sailing World Cup Qingdao - Medallists decided across six fleets
Volvo Ocean Race - Impressive turnaround for Dongfeng Race Team +Video
Volvo Ocean Race: Race closer than leaderboard suggests - Leg 1, Day 6
Volvo Ocean Race: Dongfeng Race Team break rudder after collision
2014 Rolex Farr 40 World Championship - Famous breeze frustrates
2014 Off Valparaíso Race - Day 1
Sunfish World Championship - Victory for Argentina's Francisco Renna
Volvo Ocean Race - Feeling the pressure six days in
Volvo Ocean Race - Alvimedica cautiously cruising down coast of Africa
Volvo Ocean Race - Team Brunel still within striking distance
Volvo Ocean Race - Testing times for Team SCA + Video   
Beijing 2008 Olympic legacy lives on in Qingdao + Video   
La Torche PWA Grand Slam - A return nearly 20 years in the making   
ISAF Sailing World Cup Qingdao - Game on for remaining fleets   
Farr 40 Worlds: Day 2 Image and Video gallery *Feature   
Day 5 of the Chris Benz Lüderitz Speed Challenge: 4 more records!   
Volvo Ocean Race: Coastal racing at its best - Leg 1, Day 5   
Chris Poole new number one Open Match Racer in U.S.   
Rolex Farr 40 World Champs - Plenty leads as Struntje Light impresses   
2014 Soto 40 South American Tour - Back in action   
Volvo Ocean Race - Mail arrival brings excitement for Team SCA + Video   
Volvo Ocean Race - Jens Dolmer getting restless onboard Team Brunel   
Volvo Ocean Race - Too close for comfort as fleet pushes on + Video   
Foils or not? Explanations from IMOCA Class President Jean Kerhoas   
Ben Ainslie's Olympic Finn sails are up for auction   
Volvo Ocean Race - Team Alvimedica goes to school   
Volvo Ocean Race - Intensity level rises for Dongfeng Race Team   
China Cup Regatta - Olympic medallists and offshore legends to race   
St. Barth Cata Cup - Friendly US rivalry on the Island   
ISAF Sailing World Cup Qingdao - Tight and tactical racing + Video   


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