Deadlines & Legalities: Flux, Flux, Fizz, Fizz

Much about the next America’s Cup remains in limbo, neither fish nor fowl....

There’s the court battle between Alinghi and BMW/Oracle concerning the legitimacy of the Challenger or Record for the next event. Yawn. (BMW/Oracle: Enter the danged race and get on with it already.)

There’s the ever-popular speculation regarding the two possible outcomes in the New York Supreme Court battle. On the one hand, BMW/Oracle “wins,” enter Alinghi who may appeal the verdict. Or vice versa. Tick-Tock, the Mouse Ran Up the Clock, as time slinks away embarrassed by it all.

In any case, the next racing may be conducted in huge catamarans, of all things. On the other hand, if Alinghi wins, BMW/Oracle may appeal, canceling this next year’s event entirely, and prolonging the agony for a couple more years, upsetting sailings everywhere.

There are ongoing talks between Alinghi and BMW/Oracle regarding a settlement of their differences out of court. Ha. Ha. Fat chance.

There are ongoing talks/demands by BMW/Oracle regarding the operating Rules for America’s Cup 33 in 2009. (Think cerebral engineers and such arguing minutia and lawyers advising their clients not to back down.)

Of all these ongoing activities, the last one deserves some comment.

Alinghi has said that it has tried to include BMW/Oracle in the ongoing discussions with the Challengers as they hammer out the Rules for the next event. Yet, as one set of demands is met, another set appears from BMW/Oracle’s Russell Coutts et al to keep discussions complex and unending.

At this point the lawyers are a-lawyering (talking at their hourly rates, filing papers at their hourly rates, and pontificating at their hourly rates with the news media), the judge is discussing the case with himself (“On the one hand, on the other hand, oh who really knows! Maybe I’ll flip coin, sort of like in the OJ Simpson cases.”), and the sailors, meanwhile, are dispersed around the globe and racing in a variety of high-end regattas.

The public (that cares, read European, at this point) is mystified, confused and more than a little frustrated as people predict the next America’s Cup, sadly, may not get in the water (i.e., off the ground) for years and years to come.

Instead of the America’s Cup, the next event might soon be called: “ America’s Cup, The Races that Could Have Been Held in 2009, Then in 2010, and Now - - No One Really Gives a Darn…..” Film at 11.

Meanwhile, a couple of new teams appear ready to launch their own Challenges and rush ahead the begin spending upwards of $60 million apiece for the privilege. And Larry Ellison’s BMW/Oracle lease on a piece of the Valencia harbor reserved for the Challengers has expired.

Ain’t life great! Pretty soon somebody's got to agree to something or we'll have the spectre of the Virtual America's Cup played only on PC screens. How fun will that be?