How can you be serious? The rules have now been published, USA doesn't measure. Who's fault is that? ONLY the person that designed/built the boat to a set of rules that weren't published. It certainly isn't Alinghi's fault, they are complying with all the requirements of a defender WHICH HAS PLENTY OF PRECENDENCE FROM PREVIOUS AMERICA'S CUP DEFENCES BY USA. This includes publishing NOR and SI earlier than any other defence. So do you want Alinghi to write the rules before a DoG challenge? Despite his wealth, I doubt EB can predict the future, that's essentially what you're saying he would have needed to do.
My understanding is there are plenty of yacht measurement rules that include rudders in the waterline length. To ASSUME they wouldn't be included is an oversight and mistake by BMWO. Ofcourse the court may see it differently.
Good reply from Alinghi...
http://forums.sailinganarchy.com/index.php?showtopic=95540This isn't a modern yacht race, it is a competition between BILLIONAIRE egos. They'd be playing marbles with asteroids if they could afford it.
I don't think Alinghi are fearing court judgement, they're just sick of it like the rest of us.
some history
http://en.wikipedia.org/wiki/1988_America%27s_Cup
"
Legal Battles
On May 5th 1988 the Cup returned to the courts with Michael Fay seeking a court ruling that the catamaran was an invalid defender. The court instead ruled that the cup should be contested on the water, and any further legal action should be delayed until after the race.[1]
After the completion of the races the battle returned to the courts and on March 28th, 1989 the cup was awarded to New Zealand.[1] However an appeal court eventually reversed the ruling and San Diego retained the cup, defending it again at the 1992 America's Cup.
"
This is heading in exactly the same direction as the last DoG challenge.
