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SCUTTLEBUTT No. 544 - April 7, 2000OLYMPIC SELECTION(Following is an excerpt from a story by Mark Chisnell for Quokka Sports.) The row over the Australian Yachting Federation's selection of the Olympic 49er team rumbles on. But ultimately, everyone involved is just another in a long line of victims of the Olympic regatta rules - specifically, the limitation that only a single boat from each country can enter each class at the Games. If two of the world's top performers in a particular boat just happen to be from the same country, tough; there has to be a Cinderella, because only one can go to the ball. U.S. Star sailors have long suffered at the hands of this rule, and there's already been one notable American casualty in the 49er class. Morgan Larson and Kevin Hall's third-place finish at the 1999 49er World Championships counts for nothing after they were beaten by the McKee brothers in the U.S. Olympic trials. This is why sailing folklore holds that Olympic gold medals are easier to win than world championships (once you get there), because half the good guys aren't at the regatta. National authorities have wrestled with the situation for as long as sailors have suffered from its exclusions. Should selection be decided on a single regatta in home waters, as favored by U.S. Sailing, or by extended trials across several international regattas, as used by the AYF? Should a result scored on points stand, or should discretion be allowed on the part of a selection committee? Neither method is entirely satisfactory, and the legal wranglings following the AYF's selection of Chris Nicholson and Daniel Phillips is not the first time that the process has been held to judgment before a higher court. It would be preferable for sailing to copy the model used in most other Olympic sports and set some general qualifying standards that would allow all (or most) of the top people in each class the opportunity to go to the Games. The top 10 in the International Sailing Federation's (ISAF) world rankings should be in Sydney, the rest of the places taken up by a crew from each country that can qualify themselves for the remaining spaces on the start line. The nature of 49er sailing magnifies the selection problem. The regatta format, combined with the highly physical and difficult-to-sail nature of the boats, has made it uniquely hard for the crews to play the game at their optimum at every event, or even at any given event. The schedule at a 49er regatta demands fabulous levels of concentration, physical effort and coordination three times a day for several days in succession. And the compressed time frame of the Gold fleet finals can mean that one event heavily emphasizes ability in one condition. The result is that consistent performance is difficult, bordering on impossible - creating a nightmare for selectors and sailors alike. -- Mark Chisnell, Quokka Sports Full story: http://sailing.quokka.com/stories/QCMa4sail_s_chisnall_WFC.html SOLING WORLD CHAMPIONSHIP (Special report from Ed (Baird), Tom and Dean (Brenner) MURCIA, SPAIN - There are a maximum of three races to go, and there is some breeze forecast for tomorrow. The standings thus far, through six races (and each boat discarding its worst race), are as follows: 1. Sergey Pichugin (UKR) -- 27.7 pts. 2. Hans Wallen (SWE) -- 40.7 pts. 3. Jeff Madrigali (USA) -- 41 pts. 4. Jochen Schumann (GER) -- 49.4 pts. 5. Jali Makila (FIN) -- 50.7 pts. 6. Georgy Shaiduko (RUS) -- 55.4 pts. 7. Ed, Tom and Dean (USA) -- 58 pts. 8. Andy Beadsworth (GBR) -- 64.7 pts. 9. Jesper Bank (DEN) -- 81.7 pts. 10. Mario Celon (ITA) -- 86 pts. Event website: http://www.soling.com/results/world00.htm LETTERS TO THE CURMUDGEON (leweck@earthlink.net) Letters selected to be printed are routinely edited for clarity, space (250 words max) or to exclude personal attacks. But only one letter per subject, so give it your best shot and don't whine if people disagree. -- From Peter Johnstone -- It's vile to see some of the smaller sailmakers dancing on North's prematurely perceived grave. These competitors are deluding themselves if they think that the 3DL process is the sole reason for North's success. North is loaded up with leading design talent and business minds. The sales network is the best in the business. Their people are their biggest asset. To a powerful brand and organization like North, it may be a set back, but it is far from the end of their world, as some foolhardily speculate. -- From Ken Guyer -- I am sure that both sides of the litigation between North and Sobstad are headed up by those who are convinced they are right. The conviction is evident by how long this thing has continued without an opportunity for settlement. A judge has ruled and the long process of appeal will start. We can look forward to a period of finger pointing and taking of sides in the issue. Perhaps it is time for both parties to take a good hard look at what effect this dispute will have on the sailmakers clients, and the sailing community at large. Instead of focusing just on mega dollars gained and lost, both North and Sobstad need to consider the future and what it means in the big picture. I know it is an idealistic position to take, but I hope the "warring factions" can take a hard look at getting this thing over with so that fair financial restitution can be made to one party, while the other can continue (perhaps jointly) to produce a product found worthy by a majority of the sailing community. -- From Geoff Lynch, Vice Captain Junior Offshore Group, UK -- Its interesting that the Sobstad issue has finally obtained a judgement - even if the effect is potentially very damaging for North. However, what is more interesting is that potentially the original patent should never have been awarded in the first place! My sailmaker was heavily involved in the period before the patent was awarded in a very high level research project, and remembers a meeting of the AYRS (Amateur Yacht Research Society) where the concept of re-inforcing the sail along the lines of stress were discussed (and maybe published - the AYRS do publish minutes/papers etc from their meetings) where he thought the meeting was before the original patent was applied for. The copy of the patent I have seen (while technically written) falls in my mind into the realm of 'obviousness' - even if the technology of the time meant it was going to be difficult to achieve. I wonder what would happen if you made your own sail a la 'UK Sails' tapedrive system - would you get sued? It looks pretty simple to me - some sailboard Mylar film, some glue tape, and a load of glass fibre reinforcing packing tape! (and a whole heap of design software required of course!) -- Froim Geoff Newbury -- As a lawyer, who knows little of U.S. intellectual property, I was surprised that the judge gave a permanent injunction shutting down North's production of 3DL sails. As he had found that the infringement was not intended or willful, in that North honestly believed that the patent which had been granted to it, allowed it to make sails in the manner which it did, I thought it surprising to *immediately* punish North by shutting it down. Mandatory licensing is a more usual resolution of this sort of matter. For all sorts of reasons, sailors do not view sails from one loft as 'substitutable goods' with those of another loft. The conduct which was found *wrong* was only indirectly damaging to Sobstad in that it was an appropriation of technology. The judge granted a royalty on *past* production which infringed. Shutting North down punishes North *now* for conduct which took place over some years, and which is *still* not clearly found to be wrong (appeals etc.). It was this aspect which surprised me. The harm occasioned to North will be irreparable if the injunction stands, and North later wins its appeal. The injunction is equally dangerous to Sobstad for that reason. I could see Sobstad going under if the damage question becomes 'what has North suffered'. Sobstad should agree to the lifting of the injunction, while the appeal proceeds, with the proviso that a stiff royalty be deposited into escrow on a monthly basis, pending resolution. -- From Tom Donlan -- The ISAF's latest move on advertising is hardly clear-cut, hardly even-handed, hardly intelligible. I hope a 'butthead will explain it at length. I'll be up front: I don't like advertising on sailboats; I don't like sponsorship of regattas; I don't like professionalism in sailing. You could call me a curmudgeon, except that title is taken. Call me a Corninthian, if anybody remembers what that is. I recognize that the world isn't running my way, but I think that the next iteration of the advertising code ought to leave room for the Corinthian spirit. I would like it clearly stated that no regatta organizer can force me to carry advertising on my boat, not even on the regatta bow numbers. (I don't consider maker's labels to be advertising.) -- From Jeff Borland -- A number of letters complained about judging at various events around the country/world. Readers chimed in with the "Let's make US Sailing/ISAF do it with professionals" and others just bemoaned the fact that judges are out of touch. To all those, here's a news flash - "Get off your 'butts, go out and learn how to judge, then do it!" It really isn't hard, and it will increase your knowledge of the rules - you'll be a better sailor for it. You will also be giving back to your sport. I am tired of the people who complain about the race management, judging, or other facets of the events they go to, but never do anything to help. Too many of my friends in the sailing community have never worked on RC or helped out to run a regatta, or tried to be on a protest committee. The looks I get when I tell people I'm not sailing, I'm PRO, judging or just working the event, are enough to tell you why there are few younger folks doing it. But that is exactly what we need! EVERY sailor should skip one or two events a year to work the event - whether on the RC , the jury, or just the person organizing the beer truck. It'll give them a better feeling for what it takes to run an event, and it'll let that group of people who always run the events a chance to go sailing for a change! -- From Cedric Hoskins -- For the Louis Vuitton we had 3 "Round Robins". This term appears regularly for yacht race series and I think in other sporting events. Does anyone know of the derivation and history of this term? -- From Helen Johnstone Falk -- My condolences go out to the Van Tuijl family that Skip Allen mentioned in scuttlebutt #543. Their son, Willem, was shot in the Caribbean and is now paralyzed from the waist down. I was so sick and tired of reading about all of the pettiness going on in the world of sailing in butt' #543 (yes, even the unfortunate commentary on the Sobstad versus North court case because one cannot put a price tag on life), that this news "rocked my boat"; the shocking news reminded me ,once again, of how we all tend to lose sight of what is important in life. Willem, I am sure, will carry on with tenacity and pursue his dreams, and, at the same time, this untimely incident will hopefully remind others in the sailing world of what is important in life, life itself. -- From Craig Leweck -- I am of strong belief that Moose's claim for regatta results to report only the eventual winning boats, and not the people involved, does little to serve the growth of sailing. Sports are much more than rules and tradition. Sports are about the people, and sports often succeed (or fail) because of the people. Baseball is alive and well with Mark McGuire, Sammy Sosa, Ken Griffey Jr., etc., while Basketball is still looking for their "next Michael Jordan." Skateboarding now claims market victory, largely due to its athletes, and we can today find Tony Hawk products in our local toy store (check out his Tech Deck finger boards). Without beating the theme of growth into the ground, sailing does still need to survive. Like them or not, sailing is begging for more Ted Turners, more Tom Blackhallers, more Dennis Connors. Since race results and regatta articles are usually the only publicity an event gets, we must be opportunistic. And while not every event can accomplish this equally (i.e., Moose's examples of "the 20-odd crew of the Maxi World champion listed.... or about the 140 people in the Prada team"), certainly the Star class can. Crews have long lived in the shadow of their skippers, and I applaud Carol Cronin's continuing efforts to effect change. NORTH SAILS / SOBSTAD (The Sailing Source website has published Sobstad's response to North's Emergency Motion for Stay of Injunction. The Sailing Source explains that this document will be presented to the judge Friday morning. The document is long -- six pages long. The following excerpts are offered to provide our readers with just a flavor of Sobstad's response.) In its "emergency" motion, North fails to state a single cognizable ground for granting a stay, not one. North's arguments do not justify lifting the injunction or granting a stay. Even worse, in a desperate attempt to avoid the injunction, North makes demonstrably incorrect assertions in its appeal to a court of equity. No court of conscience should respond to such assertions. North presents no new argument. Its arguments have been properly rejected by this Court. Indeed, it continues to rely on arguments that are directly contrary to non-controversial, binding precedents of the Federal Circuit. This is the sure sign of an infringer arguing a hopeless cause. It is not the presentation of a party making a showing of strong likelihood of success on the merits. North built the Minden plant in late 1994, several years after it was notified that it was infringing the patents and long after this lawsuit was filed. North, and its 3DL employees, knew at all times that they were accused of infringing numerous patents. They knew - from the very outset - that if Sobstad prevailed, the 3DL facility would be shut down. North knowingly put it, and its employees, in the exact position it now complains of. North's plea to spare it from the consequences of its own actions because the "sole" function of its plant is to make infringing products is clearly not a ground for relief. It is obviously unfortunate if it is true that some employees may possibly lose their jobs, but this is often the inevitable consequence of misplaced business decisions. Plants reduce capacity or even close. Of course, the other side of the coin is that Sobstad will be able to offer stronger employment opportunities. Hopefully, North's Minden employees can be retasked to making non-infringing sails at Minden or one of North's other facilities. Now, Sobstad has less than five years of remaining exclusivity to rectify the tremendous wrong done to it in the marketplace by North. The irreparable injury from the past eight years cannot be corrected, but it surely should not be perpetuated a single day longer. Sobstad needs every day of remaining patent life to re-establish itself in the marketplace as the innovator. It needs as much time as is remaining to regain middle market share for its innovative sail designs as well as to sell into the high end racing market. Sobstad's irreparable injury consists, in short, of the continuing irreparable injury to its reputation from being denied the role of innovator. It also consists of the intangible of lost market share that it needs to recapture as rapidly as possible so that it is in a strong market position (as it should be) when the Conrad patents expire. Any further stay just further irreparably injures Sobstad. NOTE: These excerpts are just a very small sample of the Sobstad response posted on the Sailing Source website: http://www.sailingsource.com/features/sobstadresponse.html OLYMPICS Chris Dickson, a veteran of three America's Cup campaigns, a three time world match racing champion, a two time world maxi champion and skipper of a Whitbread Round the World campaign, was confirmed by the New Zealand Olympic Committee in the yachting team for the Sydney Olympic Games. Dickson, who narrowly missed selection for Olympic teams to Los Angeles in 1984 and Seoul in 1988, when he finished second in the 470 Olympic trial, will team up with Glen Sowry in the Tornado catamaran class this year. -- Sail-online website. Full story: http://www.sail-online.com/ ALTER CUP The Alter Cup is going on right now at Alamitos Bay YC. Frankly, I'm a bit confused by the information being posted on the web, but it's probably a 'generation gap' problem. Here are the website - try it yourself: http://www.ussailing.org/alter/2000alter.htm http://abyc.org/2000REGATTAS/ALTERCUP/RESULTS.HTML SURFING THE WEB Do people accuse you of spending too much time surfing the web? If that's the case, here's a URL that you must check out: http://www.1112.net/lastpage.html THE CURMUDGEON'S COUNSEL Never raise your hands to your kids. It leaves your groin unprotected. |
