KEY POINTS:
Emirates Team New Zealand is growing increasingly testy about the delay to their next campaign caused by BMW Oracle's court action - and say it is harming the America's Cup.
Even after the surprise withdrawal of leading Italian syndicate Luna Rossa, the cup courtroom drama remains intriguingly poised,
although there are strong suggestions that BMW Oracle are getting cold feet about their planned injunction. Instead, they are trying to win support again from other challengers.
"A plague on both their houses," said Team NZ's legal spokesman, Jim Farmer, QC, quoting Shakespeare and directing it at Oracle and Alinghi.
"What are the rest of us supposed to do? We are very concerned that we have to sit on our hands while these two billionaires [Alinghi boss Ernesto Bertarelli and Oracle syndicate head Larry Ellison] battle it out.
"It's all right for them but the other teams are dependent on commercial sponsorships and we do not have the luxury of playing these sort of games. We have to get a design team together, a sailing team, build a new boat and get sponsorship for a cup in less than two years."
"Teams can't get sponsors on board because of the uncertainty and all that is happening now is that we are not getting the number of entries that the America's Cup deserves."
In last week's Herald on Sunday, America's Cup sources outlined how Oracle and syndicate boss Larry Ellison were planning an injunction to stop Alinghi's preparation for the 33rd America's Cup - due to be held in Valencia in 2009, involving a new class of 90ft yachts.
If successful, the injunction would pitch holders Alinghi into a court battle to decide whether the current Challenger of Record, Spanish yacht club CNEV, was a valid entity. If Oracle were to win that battle, the 2009 cup would default to a head-to-head duel between Oracle and Alinghi.
Oracle's specifications for the cup would then take precedence, meaning the cup would likely be raced in 90ft catamarans - and cutting out all other challengers, including Team New Zealand.
However, it now appears that Oracle is rethinking its strategy.
If Oracle loses in court, they could then be barred from the next cup - a rule which stems from court action taken by New Zealand's Michael Fay in the late '80s, which resulted in the farcical "big boat" challenge.
Oracle are canvassing other challengers and have already struck an understanding with Italy's Mascalzone Latino. Their plan is to get other challengers on board and strike an accord with Alinghi - to change the highly unpopular America's Cup protocol.
Yesterday, the head of Mascalzone, Vicenzo Onorato, called for other challengers to help resolve the impasse. However, the last time Oracle attempted to round up support, they asked Mascalzone, Luna Rossa and Team NZ to file a supporting court brief.
Team New Zealand responded by filing their challenge for the 33rd America's Cup with Alinghi - a slap in the face for Oracle. Now Luna Rossa have withdrawn, further cutting potential support.
