Another excellent article by Richard Gladwell.
Is it fair??
The Challengers are deemed to be different because although they are also sailing on the America's Cup course, they are (correctly) deemed to be racing in a Selection Series, while the Defenders because they are a 'Team of One' have no Defender Selection Series, and are immune from the requirement to publicly release data.
Jury Decision Defender Candidate Status and Course Access


Philip
USA #1006