Statement from Tom Ehman, Golden Gate Yacht Club spokesman

Posted on 23 January 2010 by Valencia Sailing

[Source: BMW Oracle] The Deed of Gift requires the competing yachts to be “Constructed in Country.” In the court papers filed last night by Société Nautique de Genève, they admit they are using 3DL sails. Racing sailors the world over know that 3DL sails are American, not Swiss, made.

Instead of demonstrating that their sails have been constructed in Switzerland as required by the Deed of Gift, their court papers attempt to duck the issue with a long list of excuses, and shift the focus away from their own problems with bizarre attacks on our yacht.

In recent months, their excuses have been, literally, all over the map. First, it was, “Sails aren’t part of a sailboat.” Then, “It’s not an issue until we race.” Next, “Our sails were built in the USA but assembled in Switzerland.” Yesterday it was, “If we can’t use our 3DL sails we’ll forfeit.” Now, in their latest court papers, “GGYC’s boat is a French design.”

This is untrue, and there is nothing whatsoever in the Deed of Gift that says where, or by whom, a yacht must be designed — only that it must be constructed in the country of the yacht club it represents.

After claiming repeatedly, and erroneously, that GGYC is trying to win the Cup in court, SNG’s latest filing seeks to disqualify GGYC’s yacht. Moreover, SNG threatens to bring further litigation after the Match if they lose to GGYC on the water.

Making a modern sail is like baking a cake. You gather the ingredients, put it in a mold of a shape and size designated by your design team, and literally cook it. That’s what takes place at the 3DL plant in Minden, Nevada, where Alinghi’s sails were constructed. Shipping that cake to Switzerland and adding some candles does not make it “Swiss-made.”

36 Comments For This Post

  1. Anonymous Says:

    Tom, would you like a copy of the North Sails promo DVD since you don't know how they are made yet? But you have never done a days work in your life, have you?

  2. Anonymous Says:

    Concidering your deep knowledge of baking cakes why don't you do us all a favor and go off and open a tea shop. Perhaps you could call it tecakes. I'm sure Larry will help you with the business plan so it's sure to becoma a global success.
    Just make sure you buy all your ingredients locally.

  3. Renaud Says:

    Well TE it's seem you had a bad night.

    Maybe it's time to eat your cake … or what about some french fries … from VPLP.

  4. Anonymous Says:

    BOFD Oracle is just scared! go sailing and finnaly shut up Tom!!!

  5. Anonymous Says:

    here comes again a cake baking story…

  6. Anonymous Says:

    Tom esta haciendo peligrar el futuro de la AC pues desde su punto de vista ,y no del DoG ,se esta cargando de un plumazo a Sudafrica, Australia, Nueva Zelanda, Alemania, Francia,España, Italia, China, Suecia, Grecia, etc… y asi la proxima Copa sera SriLanka contra Larry.
    Ya lo han hecho en esta edicion pero tiemblo pensar que sean ellos los que interpreten las reglas en la proxima edicion. Otros cien años de hegemonia americana en la Copa con toda seguridad.

  7. Anonymous Says:

    Denial, denial with all the cheating SNG has been doing & getting busted by 3 levels of NYSC & Expert Sailing Panels, I'd say Tom has gotten their & your numbers.

    It's one thing to worship your heroes but make sure you know they know what light & truth is before you bow to them.

  8. Anonymous Says:

    Son las 11:45 AM y en estos momentos esta pasando el BMWOR delante de mi casa hacia el puerto (Malvarrosa). Aun no le he visto con el genova, solo con el ala. ¿Tienen miedo de romper el mastil otra vez?

  9. Anonymous Says:

    how about if i bought some febric from Milan and used it to make a dress in Japan,i have to say "made in Italy"???

  10. Anonymous Says:

    apart from nasty personalizations it is surprising how alinghi is not considering other membranes that could easily be build in country like the millennium ones,or very many other ones, that could really do specially on big flat sails like the ones needed on alinghi 5.another case where bad advice derails the strategy of a team, where sail designers bound to one company are refusing to even consider using memebranes build by other sailmakers.as if you could only get fast sails with 3dl…..but bad advice has poisoned this debacle since day one and will continue poisoning it, no point in getting abusive or personal , we can only sit back and watch this hopeless disaster until it comes to one end,and it will take a long time…

  11. Anonymous Says:

    You can not have your cake and eat it.

  12. Anonymous Says:

    Is it a wedding cake or a birthday cake or some other cake? How big is the cake? Is the icing home made? Has it it got a cream and jam in the middle and is the sugary cream or just normal cream?

    Really interested in this cake.

  13. Anonymous Says:

    Russell and Tom look pretty nervous … Now it's time for sailors to do their job. Let's enjoy the show and forget LE puppet and his (probably) bad cook.

  14. Anonymous Says:

    Si Sir Peter Blake (descanse en paz) levantara la cabeza los corria a todos estos a gorrazo limpio. Menos tonterias y mas navegar!!.

  15. Anonymous Says:

    So Tom is saying that the atatement from the alinghi sailmaker is not true. Is that right?

  16. JoeCool Says:

    Tom, just shut up and race!
    I mean, not you 'cause you don't race but Larry!
    Well, he doesn't race either.. I meant Russell I guess!
    Ooops, he has publicly declared he won't do it either…

    Well, perhaps it's not so bad that you keep talking since that's all BOR knows how to do after all.

  17. Anonymous Says:

    Amazing how the elephant is afraid by a little mouse. America has huge technical, scientific, economical and personal resources compared to Switzerland. And what are they doing ? They just want to sit on the mouse and suffocate it. They can of course. But what honor could it find in this victory ? Well, it seems unfortunately that honor is an unknown word for the elephant when it comes to AC …

  18. Let's go racing Says:

    I'm not a lawyer, but I think there are two documents on SNG's papers that will decide this CIC case: the declaration from North Sails' president saying the sails were constructed in Switzerland and the Certificate of Origin. No judge in the world will rule against these evidences. Let's see.

  19. Anonymous Says:

    If Oracle is a French boat, then Alinghi is an American boat since the first yacht racing catamaran 'Amaryllis' was built and patented by Nathanael Herreshoff in 1877 (US Pat. No. 189,459). But then again, the deed requires the vessel to be constructed in country, not conceived or designed.

  20. sailingbud Says:

    Is there something wrong with Alinghi that they can't sail in more than 15 knots of wind at 60ft? Are they just trying to make rules to favor themselves? Does Alignhi need to cheat, or are they afraid of Oracle? After losing 13 of 14 times in court, when will Alinghi learn to play fair?

  21. Anonymous Says:

    I found that to be a very clear and convincing Statement from GGYC and Mr. Ehman. I am a lawyer, and no fan of BOR. I have read the Whidden Affidavit. It hurts Alinghi's case more than it helps. Ehman and David Boies will immediately see what I mean, and so will the judge. That's why Alinghi continues to lose in court:- they try to skirt the rules, and their non-sailing legal team doesn't get it. Coutts, Ehman and Boies do, and Alinghi loses another one – just like they will on CIC. And this loss will be fatal. Thank you, Valencia Sailing, for posting all these missives and your interviews. Interesting, helpful and, in this case, amusing (like most of the comments, above).

    -Land (and sea) Lawyer

  22. Anonymous Says:

    Well, seems that the GGYC can't win the Cup in a normal way. So they have to get the help of lawyers and judges to win it. Pity, pity, pity…

    GET YOUR ASS UP AND GO SAILING!!!

  23. Anonymous Says:

    Lawyer 4:34
    Enlighten us.
    What is so compelling about TE's statement?
    And why is Whiddens affidavit so damaging for Alinghi?

  24. Anonymous Says:

    Well well Tom, perhaps you can explain as a friend to Larry that if he want to get something (the CUP), he has to be part of the adventure and not fly 3 days before the race and jump on the boat asking from where he can enter on it !!
    Larry, wake up !! If you do not have time for the CUP, why not installing a special camera on the boat just for you (oh, with your name on it for example) and tell everybody that you prefer to remain in your office next to your Oracle server ??

    Anyway, in CH we say that this is a Kindergarten… just get on the water and show everybody what your wing can/cannot do !!

  25. Anonymous Says:

    And by the way, your club in SF looks ugly compared to the St Francis YC… What about you Tom stay out of the AC and make just sure that Larry gives you a little budget to refurbish your club ??

  26. Anonymous Says:

    Oh I forgot Tom, ask some money for your website too !!! Looks crapy like your club too !!

  27. Anonymous Says:

    lead balls!

  28. Anonymous Says:

    jsut as well the comment moderation has been enabled . . .

  29. Anonymous Says:

    Looking at the lack of factual content of the SNG/Alinghi posts they have one thing in common with their heroes. Why of course they like SNG/Alinghi have no facts to justify their breaking of the rules of the Deed, AC & sailing.

    Don't think they would get too far in the PR in defeating their actions off or on the water at a regatta.

  30. Anonymous Says:

    It seems to me that postponing the race because the wind is apparently over 14 knots at 60m altitude, is probably contrary to the NY courts ruling that the race will happen on February 8, lacking a mutual agreement otherwise. But of course that is the objection a lawyer would have.
    – - The Fool

  31. Anonymous Says:

    Interesting in this video

    http://www.youtube.com/watch?v=SJ7AEFafX54&feature=player_embedded#

    look at 1:45 Tim Smyth

    He is talking about putting BOR90 together is like baking a cake……

    So putting the sails in switzerland together is not like baking a cake ??

  32. wondering Says:

    Suppose I go to Ferrari and tell them: "I have lots of money and I want a Ferrari with an interior that I designed and I want it delivered to me in pieces." If I don't mess it up and assemble the pieces together at home correctly, I end up with a Ferrari, with a custom designed interior, not a home made car. I may not get warranty, but it'll be a Ferrari. A unique one. I won't be able to claim that it was built in my country. I'm sure of that, because this has been tried before, to avoid paying duty and it didn't work. So how come Alinghi can go to North, tell them to build a sail that they designed, ask them to ship it in three pieces and then claim that it was made in Switzerland? For me it doesn't make any sense. If I do this in my country, Customs will come after me and collect duty.
    On another issue, I think Alinghi lawyers lost it, when they submitted their papers about the allegedly non-CIC complaint equipment on BOR90 when they ask the court to disqualify BOR90 now. How will the court do that? They haven't raced yet. BOR90, on the other hand, didn't ask for Alinghi's disaqulification. They asked the court to clarify the CIC rule.
    I think this is going to get uglier and uglier and I feel sorry for the AC.

  33. NVS Says:

    Dear BOR Fans,

    Do you realy want to win the Cup by the CIC issue?

    Or are you interested in some fair sailing on the water. I also agree that we have to count on some good will from Alinghi for that.

    A Honest Sailing Fan

  34. Anonymous Says:

    1:58 AM
    Vamos a ver espabilao. Tu vas a Ferrari y le cuentas esa milonga y te mandan a la via.
    Mira a ver si BMW te permite hacer eso con la serie 5 o 7. Despistao.

  35. Norby Says:

    to nvs:

    FAIR is the keyword here.

  36. Anonymous Says:

    if only Russell couts was genuine in his reasons for all this. The truth is clear to anyone that was involved back in 2003. This is all about revenge and it is shocking to hear his lies.

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