I must admit that I haven't bothered to read the protocol, but from the outside all I see is a couple of teams (20 or so on paper) that agree to it and only one that doesn't...is it just unfair to that single team?

If BMWO were to agree to the current protocol, get through to finally challenge Alinghi but get thrown out of the event, which is the worst case scenario, they would surely have a greater leg to stand on in court than they currently do. Either way it would be better than spending millions in the court-room.

Settle it on the water.