Was BMWO's case that it was unfair that they had spent the money on this device, and then Alinghi changed the rule so they couldn't use it? That seems like a stretch to me.
It was unfair because, the original NOR Alinghi put out allowed it. BMWO invested in the technology, assuming that Asslinghi would be doing the same, and then they find out that its outlawed in the new rules.
Thats whats unfair about it. Same goes for the skin friction system.
You can't announce a game by a certain set of rules, then find out which rules are going to be exploited by your competitor and change them all.
