I think at the level that thoses guys sail at most people stretch the rules to the limit. Seems like that this us unfortunatly becoming norm in the top professional levels atheletes/competitors, espcially where money is involved. Look at all the doping stuff in baseball and bicycling. Guess the americas cup people just do it with court stuff and using the rules any which way they can. Not saying this is right, but if the rules are left open to some interpetation then i guess this is to be expected.
As to the new cup problems, I personally would love to have them come in and say, ok the rules are this wide and this long, this tall a mast, other wise go for it. I have always thought the cup should be at the front of all sailing, developing new stuff that will make its way down. This might make it an arms race, but the americas cup is where the big rich boys play, always has been and always will be. So let them go and let it all hang out.