Without taking sides I do think the DOG itself is pretty unfair in some instances.
How can it be fair when team USA can make use of the whole USA industrial base where Switserland can make use of only what can be found between their mountains ?
At least allow the Swiss the use of the whole European industrial base/continent for their challenge.
A document such as the DOG does sort of lead to endless litigation; especially with the ego's of billionairs coming into play.
Naturally, claims that state Iran would attack the AC event at RAK is just luney tunes. Maybe one side is more to blame then the other but I don't really feel that either side is exempt from childish behavior.
So lets not lay all the blame at one side.
Personally, I feel both boats are great developments and I would like to see them race over 7 (instead of the meager 3 by DOG)
Wouter
First - I agree, the Iran card went way overboard...but you do need to understand that Larry Ellison is Jewish and the middle east is a little less than welcoming to Jewish people. In fact, people carrying Israeli passports aren't permitted to enter the United Arab Emirates (where RAK is located). I wouldn't care to go there if I were him...heck, even having an Israeli stamp in my passport caused me a good bit of grief getting into Saudi Arabia several years ago.
However, with regards to the Deed of Gift document, it is a simple document with language that was adequate in the 1800s. It could certainly use some freshening up. However, Alinghi has made several creative interpretations that a native English speaker wouldn't (and that their legal counsel was undoubtedly trying to explain) ... this has cost them in the courts and really dragged this whole affair out. In many ways, the Deed is beautifully simple except for one revision that was made to it back in the 1980's that made an assumption (as did the creators of the deed) that nobody would ever consider shopping the event location. The Deed is actually standing up quite well in court - it's just one side of this affair keeps trying to creatively interpret several definitions within the Deed to their benefit.
As far as Switzerland's ability to build an adequate CiC vessel, understand that Switzerland, as per the DoG, should have never been permitted to challenge for the cup. The cup was intended to be up for challenge by sea fairing nations and limits challengers to those that have a regular regatta on an arm of the sea (presumably on their home waters). Switzerland has no coastline. It was only under mutual consent in AC 31 that Switzerland was allowed to compete when New Zealand gave it very little thought. Neither did the originators of the Deed intend for the venue to be shopped around the globe. The intent was for the event to always take place at the defending club's territorial waters...on the ocean. A great deal of the conundrum we are seeing now is because Bertarelli has been shopping the event around the globe (he has no choice - they have no ocean shoreline) - which really stretches the limits of the DoG and puts several items within it in conflict. Add to that that Alinghi has been trying to overreach their rights and we end up here.
