Wednesday, August 19, 2009

the WORLD word

Paul Henderson (CAN), past president of the International Sailing Federation (ISAF), provides this reminder for anyone who did not know that ISAF controls the use of the word “World” in a title of the event in their ISAF Regulations:

About the history of when/how/why ISAF took control of the word "WORLD" in event titles:

PAUL HENDERSON: “It happened 25 years ago and is a normal situation for most sports. US SAILING is committed as are all MNA's to enforce it. Any sailor sailing in it (an improperly named event) could get a Rule 69 (gross misconduct penalty) thrown at them and be banned from any ISAF sanctioned event.”

On why the competitors are held liable for a rule infringement when it was initiated by the host yacht club:

PAUL HENDERSON: “The sailors do not have to sail (in the event). As for the event organizers, US SAILING should censor the clubs also.”

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9 Comments:

At 5:06 PM, Anonymous Anonymous said...

>> ISAF controls the use of the word “World”

That's whacked.

 
At 6:30 PM, Blogger Scuttleblog said...

It does seem whacked, but it does help to control a problem in the sport, and that is to identify the elite events. If every 505 regatta could call itself a World Championship, then it would become pretty confusing. Worse, if every local PHRF event could call itself a World Championship, then the sport could really suffer an identity crisis.

 
At 8:35 PM, Anonymous Anonymous said...

Find one other sport that controls the word "World." You'll have to search a lot. They control the use of their mark or brand in conjuction with the term "World Championship" - i.e. FIS Skiing World Cup. ISAF's brand was so weak when Henderson was scuttling through the halls that simply calling an event an ISAF World Championship, and protecting that name wouldn't be worth the time. Obviously without competent legal representation, Henderson's people came up with their control scheme of the word "World," and then developed the clearly illegal and draconian eligibility penalties for sailors, rather than clubs.

Any sports lawyer will tell you that US Sailing can never legally withdraw eligibility of a US Sailor for competing in an event that ISAF deemed a prohibited one - do some research into what it takes to deny eligibility in this country if you have not done so - it is very clear, and very instructive. And to understand more of what duties an eligibility decision confers on the NGB, read the Farrah Hall case.

As a Canadian, Henderson can be forgiven for not understanding this basic and fundamental fact.

 
At 9:24 PM, Anonymous Anonymous said...

you're a pussy leweck. why don't you tell people what your real agenda is? you keep banging away on this weak topic because you and your other ass-kissing buddies are uptight over sailing anarchy using the word world. nobody gives a fuck except you and a couple other uptight fellow pussies in this sport. saps like you are a big reason why this sport is in such a sad state.

 
At 10:01 PM, Anonymous Anonymous said...

Maybe Henderson would favor an ISAF police force to enforce all this. Seems his style.

 
At 10:50 PM, Blogger Scuttleblog said...

Don't shoot the messenger, and like Paul said, this is an old rule. Btw, if you're going to call me out (Scot, er, I mean Anonymous), pick up the phone.

 
At 11:50 PM, Anonymous Sara said...

Erm. Name another sport that controls the use of the word World. hmmm.. Well the FIA determines if a motorsport is a World Championship. F1, WTC and WRC are, IRL and NASCAR aren't.

The International Rugby Board (IRB) has the rights to the Rugby World Cup, the International Cricket Board(ICB) has the rights to the Cricket World Cup. The International Football Association (IFA) has the rights to the Soccer World Cup . . . in all these cases the national bodies are unable to claim that their event is a world championship.

Should I go on? I'm sure there are more.

 
At 8:12 AM, Anonymous Anonymous said...

one more reason not to support usAiling or ISAF

 
At 9:25 AM, Anonymous Anonymous said...

Completely wrong, Sara - though again, as a non-American, you can be forgiven for your lack of understanding of what "freedom of speech and the press" means. Scuttlebutt has no such excuse!

1) FIA only controls FIA events, and those are branded as "FIA Formula One World Championship." There are numerous motorsport world championships in the US that have zero to do with FIA, but those who live on a small isle in the Atlantic wouldn't know it. Here's one: http://dirttrackworldchampionship.net/

2) IRB and ICB control the use of the words "World Cup" - not 'World," and the international governing bodies only have authority over other national bodies based on signed contracts between them. Those bodies make NO effort to control intra-national event naming rights.

3) ISAF only controls the use of the word "world" via the ISAF RRS, which constitute a contractual relationship between those who compete, those who organize, the MNA (NGB), and ISAF. That contractual relationship is an unequal one between the sailor and US NGB, and for that reason, the NGB is bound by all sorts of restrictions under the Stevens Act, especially when removing an individual or club's eligibility as authorized by the RRS.

4) To make a long story short, ISAF and US SAILING would be laughed out of court if they tried removing an individual or club's eligibility based on the use of the word "World." The word cannot be protected, cannot be copywritten, and the concept of "world championships" existed long before the ISAF RRS attempted to control it. How then are they able to control it now? Only through the RRS and generally intimidating practices. Henderson either has no idea what he is talking about (has happened in the past for him when it comes to legal issues), or is deliberately misstating reality to intimidate people into keeping the "World" issue off the table.

5) Again, this only applies to the US, and for a primer on just how this would go, re-read the Farrah Hall case, which sets forth the kind of procedure the NGB must follow under the Stevens Act when denying eligibility to a sailor. Simple, really.

 

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