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		<title>Why the drivers are right to kick up a fuss</title>
		<link>http://doctorvee.co.uk/2009/02/09/why-the-drivers-are-right-to-kick-up-a-fuss/</link>
		<comments>http://doctorvee.co.uk/2009/02/09/why-the-drivers-are-right-to-kick-up-a-fuss/#comments</comments>
		<pubDate>Mon, 09 Feb 2009 06:00:41 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[Opinion]]></category>
		<category><![CDATA[drivers]]></category>
		<category><![CDATA[FIA]]></category>
		<category><![CDATA[fine]]></category>
		<category><![CDATA[Fred Goodwin]]></category>
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		<category><![CDATA[gpda]]></category>
		<category><![CDATA[Jackie Stewart]]></category>
		<category><![CDATA[Lewis Hamilton]]></category>
		<category><![CDATA[Max Mosley]]></category>
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		<category><![CDATA[Super License]]></category>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=1512</guid>
		<description><![CDATA[In the past couple of weeks the Super License row has blown up again. After this year&#8217;s bill landed on the drivers&#8217; doormat, there were more rumblings of a possible drivers&#8217; strike. This was said to be a prospect at the 2008 British Grand Prix, but in the end nothing came of it and the [...]]]></description>
			<content:encoded><![CDATA[<p>In the past couple of weeks the Super License row has blown up again. After this year&#8217;s bill landed on the drivers&#8217; doormat, there were more rumblings of a possible drivers&#8217; strike. This was said to be a prospect at the 2008 British Grand Prix, but in the end nothing came of it and the drivers coughed up.</p>
<p>This year&#8217;s increase is a relatively modest increase to take account of inflation. But it seems that the drivers were expecting the Super License fees to go back down having made their views very clear about it last year. No such luck. The <a href="http://blogs.iht.com/tribtalk/sports/f1/?p=552">GPDA issued a press release</a>, the first time they have done such a thing according to Brad Spurgeon.</p>
<p><a href="http://www.grandprix.com/ns/ns21163.html">Grandprix.com called the press release</a> an unwise move. Certainly, the decision to release it on Friday evening &#8212; when the rest of the world is off to the pub for the next 60 hours &#8212; displays an incredible lack of media savvy, even for a club of simple racing drivers.</p>
<p>But I can&#8217;t agree with the overall sentiment of the article. It may be difficult to feel much sympathy for some of the most highly-paid sports stars in the world. But questions need to be asked about quite what the FIA is playing at.</p>
<p>The 2008 increase took the basic fee up from €1,690 to €10,000. On top of that, the extra fee for each driver increased from €447 per point to €2,000 per point. Such an increase will come as a shock no matter how rich you are.</p>
<p>All in all, this allowed the FIA to increase their takings through the Super License by 454%. This increase has still neither been explained nor justified by the FIA, except something vague to do with safety (as though all the safety measures only came in during 2008). Safety is a nice get-out for the FIA. As often argued by Grace on the <a href="http://www.formula1blog.com/">Formula 1 Blog.com</a> podcast, the FIA know that no-one will be able to argue against &#8220;safety&#8221;, so they use that to explain anything without having to actually justify it.</p>
<p>The GPDA&#8217;s statement notes that this year the World Drivers&#8217; Champion (<i>i.e.</i> Lewis Hamilton) will have to pay $270,000 simply for the right to compete. (It is worth noting that Lewis Hamilton is not a member of the GPDA, so this issue is not simply about Lewis Hamilton.) Outside of F1, the highest license fee is $4,000 which a Nascar driver has to pay. That is minuscule compared with the FIA&#8217;s Super License fee.</p>
<p>Formula 1 drivers may be rich. But they <em>earn</em> their money. That is because they are among the very most supremely talented individuals in the world &#8212; which is <em>a lot</em> more than can be said for certain presidents of certain governing bodies. It looks suspiciously like the FIA has calculated that F1 drivers will receive little sympathy over this issue, and so have decided to exploit them to extract as much money as possible.</p>
<p>As has been noted by others many times, for the past few years the FIA has appeared to be on a complete money grab. It is not just the drivers that have faced a fee hike in recent years.</p>
<p>The <a href="http://www.f1fanatic.co.uk/2008/06/24/first-drivers-now-teams-to-pay-more/">FIA proposed to increase a team&#8217;s entry fee</a> to the 2009 Formula 1 World Championship from €300,000 to €740,000. Again, safety was used as the excuse. <a href="http://formula1home.com/forum/weblog_entry.php?e=418">Alianora La Canta noted</a>.</p>
<p>Then there is the ONE HUNDRED MEELION DOLLARS fine handed out to McLaren in 2007. The FIA have still not revealed what on earth they have spent that money on.</p>
<p>Despite these handy new sources of income, the FIA has somehow contrived to <em>increase</em> its budget shortfall for 2009. <a href="http://www.f1fanatic.co.uk/2009/02/08/drivers-expose-holes-in-fia-budget/">Keith Collantine looked into this</a> and you have to wonder just what is going on at the FIA.</p>
<p>The shortfall of €1.7 million in 2008 was bad enough. Somehow this has almost doubled to €3 million for 2009. The FIA&#8217;s sheer incompetence never ceases to amaze me. Maybe it is because Max Mosley thinks nothing of <a href="http://timesonline.typepad.com/formula_one/2008/05/voting-realitie.html">disposing of upwards of £1 million</a> for his own personal gain when it would have been much easier, cost-effective and dignified to just do the honourable thing and step down.</p>
<p><a href="http://www.telegraph.co.uk/sport/motorsport/formulaone/4516234/FIA-president-Max-Mosley-to-stand-for-re-election.html">Max Mosley may have scoffed</a> at the notion of Fred Goodwin replacing him as FIA President. But it seems to me that the FIA could do with the help of someone who has a bit of experience in managing money. (Then again, maybe I only say that because I am Scottish and I have no understanding of how F1 or the FIA work. Though I don&#8217;t think I am unusually stupid.)</p>
<p>So even though the drivers&#8217; plight may engender little sympathy among the general public as a whole, they are still right to make a stand. Someone needs to ask some serious questions about why the FIA is taking in ever more money, yet ending up with ever higher shortfalls. It&#8217;s time that Max Mosley and the FIA were held to account for this, because to me it just stinks to high heaven of something fishy.</p>
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		<title>Alan Donnelly inadvertently reveals FIA&#039;s Ferrari bias</title>
		<link>http://doctorvee.co.uk/2008/10/18/alan-donnelly-inadvertently-reveals-fias-ferrari-bias/</link>
		<comments>http://doctorvee.co.uk/2008/10/18/alan-donnelly-inadvertently-reveals-fias-ferrari-bias/#comments</comments>
		<pubDate>Sat, 18 Oct 2008 11:03:00 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Opinion]]></category>
		<category><![CDATA[2005]]></category>
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		<category><![CDATA[drive-through penalty]]></category>
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		<category><![CDATA[engines]]></category>
		<category><![CDATA[Ferrari]]></category>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=994</guid>
		<description><![CDATA[A story has appeared on Autosport.com this morning which reports on some comments that Alan Donnelly made in Italian sports newspaper Gazzetta dello Sport. In it, the FIA&#8217;s man in the steward&#8217;s room and known Max Mosley lackey attempted to rebut claims that the FIA is biased in favour of Ferrari. What I find interesting [...]]]></description>
			<content:encoded><![CDATA[<p>A story has <a href="http://www.autosport.com/news/report.php/id/71532">appeared on Autosport.com this morning</a> which reports on some comments that Alan Donnelly made in Italian sports newspaper <i>Gazzetta dello Sport</i>. In it, the FIA&#8217;s man in the steward&#8217;s room and known Max Mosley lackey attempted to rebut claims that the FIA is biased in favour of Ferrari.</p>
<p>What I find interesting is that the example he uses to &#8220;rebut&#8221; the theory is exactly the same example used by Max Mosley in a recent <a href="http://news.bbc.co.uk/sport1/hi/motorsport/formula_one/7657298.stm">interview with the BBC</a>. This suggests that the FIA is now running a coordinated campaign in order to re-establish its credibility as governing body.</p>
<p>It sorely needs that campaign. With the multitude of increasingly bizarre penalties handed out throughout this season, trust in the FIA&#8217;s systems have taken a hammer-blow. The only thing that has become clear  this season is that there is no way of knowing what will get punished and what won&#8217;t.</p>
<p>Fans no longer trust the FIA, as you will see by dropping in to any blog or message board. Many in the media no longer trust the FIA&#8217;s stewards. Increasingly, <a href="http://www.autosport.com/news/report.php/id/71436">drivers are calling for urgent changes</a> to be made to the stewarding system. Teams have decided that enough is enough and have formed FOTA to counter the FIA&#8217;s madness. And yesterday, <a href="http://www.crash.net/motorsport/f1/news/170653-0/bernie_we_cant_punish_every_little_thing.html">even Bernie Ecclestone slammed some of the penalties</a> recently handed out by the FIA.</p>
<p>It looks like the only people who have any trust in the FIA any more are the FIA themselves. And any government that has lost the trust of everyone is clearly no longer fit for purpose. Now, the FIA is erratically throwing out increasingly bizarre ideas to change the face of F1 from tip to toe. Many of the changes, most notably a standardised engine, are completely antithetical to the idea of grand prix motor racing as we have all grown to know it, and Max Mosley&#8217;s vision of F1 is sure to alienate most fans.</p>
<p>It is a sign of the mismanagement and desperation of the poisonous and discredited little man at the top Max Mosley. He should have left his post after the Indygate debacle in 2005 when Max Mosley, in consort with Jean Todt, refused to compromise to allow the race go ahead. Since then, Max Mosley has never had my favour and the events of this year have further underlined my feelings.</p>
<p>Earlier this year, at the height of the sex scandal, he promised that he would step down at the end of his term next year. <a href="http://vee8.doctorvee.co.uk/2008/06/06/thoughts-on-max-mosley-and-the-fia-at-last/">But as I noted at the time</a>, he promised to resign in 2004 then changed his mind. True enough, the signs now are that he will continue on as FIA President. It is clear that he only promised to resign to help him get through the General Assembly vote. This makes him a liar. What a terrible person to have in such a powerful position.</p>
<p>Let us not forget that <a href="http://www.grandprix.com/ns/ns19972.html">at the end of last season</a>, the well-respected permanent steward Tony Scott Andrews left the role which had been seen as a relative success. In his place, a new consultant to the stewards was appointed. That man was Mosley&#8217;s mate Alan Donnelly. Donnelly&#8217;s company, Sovereign Strategy, based in an FIA-owned building, used to list Ferrari as one of its clients on its website. The Ferrari name <a href="http://www.sidepodcast.com/2008/01/25/fia-revise-f1-stewards-process/">mysteriously disappeared</a> when Donnelly was appointed in his new role.</p>
<p>Mosley and Donnelly are now trotting out the following &#8220;proof&#8221; of why the FIA is not biased in favour of Ferrari:</p>
<blockquote><p>You just need one example to debunk that theory: at Monaco the stewards noticed that on Raikkonen&#8217;s F2008 the wheels had not been fitted before the three-minute mark as allowed in the regulations. So the stewards penalised Kimi with a drive-through in a track where you can&#8217;t overtake.</p></blockquote>
<p>That would be an inadequate argument anyway, <a href="http://vee8.doctorvee.co.uk/2008/10/08/mosley-misses-the-point-about-ferrari-international-assistance-jibes/">as I already wrote</a> when Mosley came out with it on the BBC. But it is even worse than that. <a href="http://vee8.doctorvee.co.uk/2008/10/08/mosley-misses-the-point-about-ferrari-international-assistance-jibes/#comment-2211">As Don Speekingleesh pointed out in the comments</a>, the Sporting Regulations clearly state that such an infraction should actually result in a driver starting <em>from the back of the grid</em>.</p>
<p>Article 38.5 of the <a href="http://argent.fia.com/web/fia-public.nsf/475632E46002BEDAC125744F004312F4/$FILE/F1.SPORTING.REGULATIONS.19-05-2008.pdf">Sporting Regulations</a> (PDF link) states:</p>
<blockquote><p>When the three minute signal is shown all cars must have their wheels fitted, after this signal wheels may only be removed in the pit lane or on the grid during a race suspension.</p>
<p>Any car which does not have all its wheels fully fitted at the three minute signal must start the race from the back of the grid or the pit lane. Under these circumstances a marshal holding a yellow flag will prevent the car (or cars) from leaving the grid until all cars able to do so have left to start the formation lap.</p></blockquote>
<p>It would be funny if it wasn&#8217;t so pathetic. Alan Donnelly&#8217;s own &#8220;proof&#8221; that the FIA is not biased in favour of Ferrari actually appears to <em>support</em> of the conspiracy theory. It is clear that, according to the letter of the rules, Kimi Raikkonen should have started the race from the back of the grid. As it was, with just the drive-through penalty he never fell lower than 6th before crashing into Adrian Sutil.</p>
<p>What a mess the FIA is in. It is no wonder stewards&#8217; decisions are so erratic and unpredictable. The FIA do not even appear to know what their own rules are. This is shown in the FIA&#8217;s embarrassingly wrong-footed attempts to debunk the Ferrari International Assistance theory. What a cock-up.</p>
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		<title>Welcome to Formula None, where racing is illegal</title>
		<link>http://doctorvee.co.uk/2008/10/12/welcome-to-formula-none-where-racing-is-illegal/</link>
		<comments>http://doctorvee.co.uk/2008/10/12/welcome-to-formula-none-where-racing-is-illegal/#comments</comments>
		<pubDate>Sun, 12 Oct 2008 19:10:31 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[Opinion]]></category>
		<category><![CDATA[1979]]></category>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=946</guid>
		<description><![CDATA[So another race, another clutch of dodgy stewards&#8217; decisions. During the ITV broadcast today, Martin Brundle got it bang on: we are now watching a nanny state F1 where we are constantly paranoid about penalties. And that was even before the most ridiculous penalty of the lot &#8212; to Sébastien Bourdais &#8212; was doled out. [...]]]></description>
			<content:encoded><![CDATA[<p>So another race, another clutch of dodgy stewards&#8217; decisions. During the ITV broadcast today, Martin Brundle got it bang on: we are now watching a nanny state F1 where we are constantly paranoid about penalties. And that was even before the most ridiculous penalty of the lot &#8212; to Sébastien Bourdais &#8212; was doled out.</p>
<p>I&#8217;ll tackle these incidents in the order they happened on the track. The first was the incident that Lewis Hamilton got a drive-through penalty for. The Brit was judged to have forced cars off the racetrack.</p>
<p><a href="http://madtv.me.uk/f1insight/default.aspx?blogid=380">Clive reckons that Hamilton is totally in the clear here</a>. I&#8217;m afraid I have to disagree and I think Clive is being a bit disingenuous because he has chosen his screen-caps selectively.</p>
<p>If you watch the video you can clearly see that Kimi Räikkönen spends a lot of time going straight trying to avoid Hamilton when undoubtedly he would otherwise be turning into the corner. Indeed, at one point Räikkönen even moves slightly to his left, away from the apex of the corner, to avoid the out-of-control Hamilton. Arguably this set up a chain of events throughout the first corner as everyone tried to avoid each other.</p>
<p>Hamilton is right to point out, however, that he was not the only person to brake late. While he was by far the worst of the lot, Kovalainen was also too late on the brakes and arguably the Ferraris and a few other cars were as well.</p>
<p>And here is the thing. This is normal first corner stuff. We see this sort of thing several times a season. In fact, it is a surprise whenever all the cars make it cleanly through the first corner. While Hamilton unquestionably compromised the Ferraris and a few other cars, this is nothing we don&#8217;t see on a regular basis. For me, this is a complete racing incident; simply an occupational hazard of being in the first corner of a race.</p>
<p>It is not as though Hamilton gained any advantage from the whole scenario. If memory serves, when the whole thing shook out he ended up in 6th place. Hamilton had a shockingly poor start and he panicked. He paid the price, and that was penalty enough in my view.</p>
<p>What is interesting to me is that there is a far more obvious instance of someone barging another driver off the track in today&#8217;s race, when Robert Kubica was defending aggressively against Räikkönen. Now I thought that was good racing and I would not have liked Kubica to have got a penalty for that, but I think Kubica had a clearer intention to push someone off the circuit than Hamilton did.</p>
<p>Hamilton ended up nestled behind Massa who seemed to be struggling to keep the McLaren driver at bay. On lap 2 Massa overcooked it and left the door wide open for Hamilton who duly took advantage. However, the recovering Massa skipped over the chicane and tapped straight into Hamilton. The Brit was sent into a spin and had to rejoin at the back of the field while Massa went off into the distance.</p>
<p>This is a more difficult incident to judge because clearly Hamilton was disadvantaged from what was arguably an avoidable accident while Massa gained by cutting across the chicane. I don&#8217;t think Hamilton was completely blameless however. Even though Massa was out of shape coming into the entry to the chicane, Hamilton must have known that Massa would still be right there on the exit.</p>
<p>As such, Hamilton could have left more room for Massa. You can well say that Hamilton didn&#8217;t need to because he was ahead and Massa skipped the chicane. But for me, the pair were clearly racing. I think there must always be some leeway for a driver to come off the circuit if he finds himself in a pickle coming up the a chicane. I defended Hamilton for doing this in Belgium, so I will accept Massa&#8217;s right to cut the chicane as he did.</p>
<p>So Hamilton could have left more space for Massa, while Massa could have backed off a bit. Both could have avoided the accident, but neither chose to take the evasive action. For me, this is a 50&#8211;50 incident, the definitive racing incident.</p>
<p>However, given that it was 50&#8211;50 and Hamilton came out worse, I can see why the stewards may have wanted to penalise Massa. If I were a steward I may have felt that I needed to penalise Massa. But if I penalised Massa, I would probably have to penalise Hamilton for the first corner incident to balance it all out. I fear that this is what the stewards did.</p>
<p>What they should have done, though, is say, &#8220;racing is racing, let&#8217;s just carry on.&#8221; Seemingly, racing is no longer allowed in Formula 1.</p>
<p>As if we needed any more proof that there is something seriously wrong with the processes in Formula 1, then came the penalty for Bourdais. Now, I went to bed after the race had finished to catch a few more hours of sleep. When I woke up, the first thing I did was check BBCi to see if the stewards had penalised anyone. I had a bad feeling in my waters about it. It&#8217;s come to something when you can no longer trust the stewards to leave a reasonable race result the way it is.</p>
<p>When I saw that Bourdais had been penalised, I was disappointed, but I can&#8217;t say I was surprised. In fact, I kind of expected it. That shows just how bad the situation has become.</p>
<p>For my money, there is absolutely no way that you can say that Sébastien Bourdais was in the wrong in any way, shape or form whatsoever. He had come out of the pits minding his own business. Felipe Massa was the one who turned straight into him as if there was no-one there. Massa was the one who moved in the direction of Bourdais, who was ahead and racing for position.</p>
<p>From the one and only television angle we have seen so far, it looks as though Bourdais was on the kerb and he had nowhere else to go. <a href="http://www.crash.net/motorsport/f1/news/170411-1/bourdais_should_i_roll_out_the_red_carpet.html">Bourdais himself says</a>, &#8220;I don&#8217;t know what I was supposed to do basically. I could have unrolled the red carpet and given him the corner. That is the only thing I could have done.&#8221; From the evidence we have seen so far, I have to agree with him.</p>
<p>Like the Hamilton first corner incident, this is something we see time and time again throughout the season, literally on a race-by-race basis. This is something that we see in almost every race, and it has become part of the sport to see who comes out in front when one person is exiting the pits and the other was on the racetrack.</p>
<p>The stewards&#8217; explanation for penalising Bourdais <a href="http://sundayafternoonclub.blogs.topgear.com/2008/10/12/japanese-gp-penalty-confusion/">is apparently that</a> he &#8220;did not back off enough&#8221;. Why should Bourdais have backed off? He was racing for position. Presumably he was supposed to defer to the precious Ferrari. If ever you wanted clear evidence of a &#8220;red car rule&#8221; at play in F1, this is it.</p>
<p>For me, the Japanese Grand Prix is yet further proof that Formula 1 has become far too bogged down in penalties for the sport to remain credible. This is the &#8220;<a href="http://vee8.doctorvee.co.uk/2008/09/10/what-the-rules-say-or-rather-what-they-dont-say/">choose your own result</a>&#8221; culture, where stewards and fans alike have begun nitpicking every little minor misdemeanour on the track in an attempt to justify their own favoured race result. Formula 1 is no longer a competition of racing. It is a competition of bureaucracy.</p>
<p>From what I have been <a href="http://www.grandprix.com/ns/ns20830.html">reading on respected website Grandprix.com</a>, the job of FIA steward has become a jolly for Max&#8217;s mates under Mosley&#8217;s leadership. It seems to be brimful of Mosley&#8217;s allies from the WMSC and those who voted for him in the General Assembly. The steward&#8217;s job is seen as a &#8220;perk&#8221;. There have even been instances where there have been stewards who have never even watched a grand prix motor race! And boy, can you tell.</p>
<p>The story of the latter half of this season has been bungled steward&#8217;s decision after bungled steward&#8217;s decision. This ranges from the Bus Stop controversy to the Rosberg incident in Singapore to today&#8217;s unmitigated mess. It is easy to construct conspiracy theories, but I think this is as much down to incompetence as anything else. But what else can you expect when the FIA has a thoroughly poisonous person as its President, filling the steward&#8217;s job with his chums no matter what their level of expertise is?</p>
<p>This nanny state F1 needs to be stopped. The powers that be are currently obsessing themselves with increasingly bizarre ideas such as the &#8220;Curse&#8221; / KERS system, standard engines and a spec series. Well if you ask me the cars aren&#8217;t the problem because the on-track action this year has been top-notch in my view.</p>
<p>The real problem with F1 is that we can no longer have confidence in a race result until several hours after the chequered flag. Any number of increasingly unpredictable penalties can be meted out for flimsy reasons. Max Mosley has filled the steward&#8217;s room with a bunch of bureaucrats who don&#8217;t like racing but love pretendy court cases. Mosley likes gets a thrill out of punishing people in the bedroom, and his cronies love to dish out the punishments at a grand prix. I imagine these people just get a massive kick out of going around the place thinking, &#8220;I changed that race result.&#8221; Well I am sick of it.</p>
<p>There needs to be a culture in F1 where we can sit back and let the drivers get on with it. Racing is racing. I am not saying get rid of all penalties. But the stewards need to seriously look and think to themselves, does this really merit a drive-through? Too often nowadays drivers are penalised for petty reasons, and the amount of penalties given out goes up and up all the time.</p>
<p>I was listening to the BBC&#8217;s Chequered Flag podcast earlier today and they made a brilliant point. No-one came away from Dijon in 1979 saying that anyone should have been penalised. People just sat back and enjoyed the excellent racing. Today pathetic people would say, &#8220;oh he went off the race track&#8221;, &#8220;he caused an avoidable banging of the wheels&#8221;, &#8220;oh he got barged off&#8221;.</p>
<p>It does amaze me that the powers that be claim to be doing everything they can to encourage good racing and overtaking. But when any good racing ever does happen, a driver gets penalised for it! Okay, maybe drivers take risks every so often. But that is the point of overtaking! An overtaking move is <em>supposed</em> to be a risky manoeuvre! It wouldn&#8217;t be special and important otherwise. If drivers are penalised for taking risks, we might as well pack up, go home and give up on motor racing completely.</p>
<p>Punishments have a place in F1. But there should be much more of an arms-length approach. Drivers should be penalised only for egregious attempts to gain an advantage and for instances where there is a clear intention to pull off a dangerous manoeuvre. If we are talking about Schumacher in Jerez 1997 or Rascassegate, then throw the book at them. But Hamilton today? An honest mistake that was punished enough by natural events on the racetrack.</p>
<p>Unfortunately, Formula 1 has become a judged event, as open to interpretation and abuse as figure skating. It ought to be a sport where the winner is determined by what goes on on the racetrack, not in the stewards&#8217; room. Sadly, those days are long gone and my patience with Formula 1 is wearing thinner by the race.</p>
<p>There could hardly be a greater contrast to last year&#8217;s race at Fuji. We had a stonking last-lap battle between Kubica and Massa where they were barging each other, banging wheels, cutting chicanes and using run-off areas all over the shop. And that was great fun racing and it was rightly left alone by the stewards. Today, a Formula 1 driver will get a drive-through penalty for as much as giving his rival an evil stare.</p>
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		<title>The Max Mosley verdict</title>
		<link>http://doctorvee.co.uk/2008/07/24/the-max-mosley-verdict/</link>
		<comments>http://doctorvee.co.uk/2008/07/24/the-max-mosley-verdict/#comments</comments>
		<pubDate>Thu, 24 Jul 2008 17:44:00 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[Opinion]]></category>
		<category><![CDATA[Bahrain]]></category>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=335</guid>
		<description><![CDATA[Max Mosley has won his privacy case against News Group Newspapers Ltd, the publishers of the News of the World. A full PDF of the verdict is here. I am in two minds about this verdict. On the one hand, the News of the World is a scumbag newspaper full of scumbag stories, owned by [...]]]></description>
			<content:encoded><![CDATA[<p>Max Mosley has <a href="http://news.bbc.co.uk/1/hi/uk/7523034.stm">won his privacy case</a> against News Group Newspapers Ltd, the publishers of the <i>News of the World</i>. A <a href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/24_07_08mosleyvnewsgroup.pdf">full PDF of the verdict is here</a>. I am in two minds about this verdict.</p>
<p>On the one hand, the <i>News of the World</i> is a scumbag newspaper full of scumbag stories, owned by a scumbag, written by scumbags and read by scumbags. Their respect for privacy is a national disgrace, and watching media types bemoaning their apparent new-found inability to pry into people&#8217;s lives this morning has been pathetic.</p>
<p>It was pretty clear that the Nazi angle of the story was exaggerated somewhat by the <i>News of the World</i>, even if it was perhaps not totally unfounded. Thinking back to the original story, around half of it or maybe even more reflected on his family background rather than his wrongdoings in the bedroom department. The attempt to connect Max Mosley to fascism on the flimsiest of grounds, on the basis of who his parents were, was disgusting. Max Mosley did not choose his parents.</p>
<p>Even so, in my view there has been no satisfactory explanation for the overtones that allowed the Nazi conclusions to be drawn. The recordings include German speaking. This was explained as being down to the fact that one of the prostitutes was German. However, what has not been explained is why they were speaking English in a German accent. Phrases such as &#8220;I sink she needs more of ze punishment&#8221; (uttered by Mosley himself) and &#8220;We are the Aryan race!&#8221; do not strike me as being part of just another S&#038;M orgy.</p>
<p>Max Mosley apparently had a sudden hearing loss during the phase of the conversation. Mr Justice Eady concedes that this sounds like a rather tall story, but says that it doesn&#8217;t matter because it was &#8220;clear&#8230; that the remark was unscripted&#8221;. He seems to think it was as though they were discussing whether an episode of EastEnders had Nazi overtones.</p>
<p>I also find it incredible that the judge has decided there was no public interest in the story. Oh really? The Crown Prince of Bahrain, <a href="http://www.timesonline.co.uk/tol/sport/formula_1/article3671084.ece">Sheikh Salman Bin Hamad Al-Khalifa, was interested</a>. King Juan Carlos of Spain was interested. <a href="http://www.f1fanatic.co.uk/2008/05/16/monaco-royalty-snubs-max-mosley/">Prince Albert of Monaco was interested</a>. <a href="http://news.bbc.co.uk/sport1/hi/motorsport/formula_one/7367456.stm">Galeb Majadle</a>, Israel&#8217;s minister for sport was interested. BMW, Mercedes, Honda and Toyota were all interested. Bernie Ecclestone was interested.</p>
<p>The fact is, no matter how disgusting I think it is that the <i>News of the World</i> should invade people&#8217;s private lives, once the world had the knowledge that he indulges in that kind of behaviour it affected his ability to do his job. That in itself surely demonstrates sufficient public interest in any sense that would be meaningful to anybody not sitting in an ivory tower.</p>
<p>There were a lot of people who scratched their heads about the huge £100 million fine handed down to McLaren by Max Mosley last year. I think a lot of people have a feeling that they now know it is because Max Mosley gets a sexual thrill out of inflicting a harsh punishment. The next time the FIA has to hand down a punishment to someone, it will be an open goal for easy jibes. This puts Formula 1 and the FIA itself into disrepute. It ability to govern the sport properly has been diminished.</p>
<p>It would be bad enough if Max Mosley was just the &#8220;boss of Formula 1&#8243; or the &#8220;head of motor sport&#8221; as the media constantly referred to him as. This probably made the public at large a lot more sympathetic towards Max Mosley than they otherwise would have been. The fact is that the FIA has a huge responsibility not just for sport but for the motor industry as a whole.</p>
<p>The FIA has a huge amount of weight and influence when it comes to aspects like road safety and green technologies. The FIA works together with the United Nations and the European Union among other organisations to make things happen. The FIA was pivotal in the formation of Euro NCAP, the European car safety assessment organisation.</p>
<p>Max Mosley is so much more than just an F1 man or motorsport president. He is responsible for cars full stop. This gives him a huge amount of power &#8212; probably more than most British politicians can dream to have.</p>
<p>I think the public saw this as quite a jokey story. Yet if we were talking about a cabinet minister or the CEO of a multinational company he would never have lasted this long. It might well have been a different story if the public realised just how much power Max Mosley has.</p>
<p>Do we really want someone who gets his sexual kicks out of inflicting pain to have so much responsibility over road safety? Do we want someone whose judgement is so questionable that he would regularly cheat on his wife and lie to his family to have such responsibilities?</p>
<p>As I have said countless times, Max Mosley should have done the honourable thing and resigned months ago. But we know from years of experience that Mosley is not an honourable man. Had he resigned, I would have fully supported him in his court case today.</p>
<p>However, his behaviour since the revelations have demonstrated that he does lack judgement and that he does have too much power. The FIA General Assembly vote simply demonstrated that it is a rotten borough, and the FIA is filled to the brim with Max Mosley lackeys.</p>
<p>Ideally, Max Mosley would have resigned and News Group Newspapers would have lost its court case. As it is, Max Mosley will go to bed tonight feeling vindicated. And that makes me angry.</p>
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		<title>Thoughts on Max Mosley and the FIA (at last)</title>
		<link>http://doctorvee.co.uk/2008/06/06/thoughts-on-max-mosley-and-the-fia-at-last/</link>
		<comments>http://doctorvee.co.uk/2008/06/06/thoughts-on-max-mosley-and-the-fia-at-last/#comments</comments>
		<pubDate>Fri, 06 Jun 2008 18:00:20 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[Opinion]]></category>
		<category><![CDATA[ADAC]]></category>
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		<category><![CDATA[monaco]]></category>
		<category><![CDATA[Monaco Grand Prix]]></category>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=213</guid>
		<description><![CDATA[First of all, I suppose it should not be a surprise that Max Mosley won his vote of confidence. He would never have called it if he did not think he was able to win. But the margin of the victory did take me by surprise somewhat. But if the vote was designed to assert [...]]]></description>
			<content:encoded><![CDATA[<p>First of all, I suppose it should not be a surprise that Max Mosley won his vote of confidence. He would never have called it if he did not think he was able to win. But the margin of the victory did take me by surprise somewhat.</p>
<p>But if the vote was designed to assert Max Mosley&#8217;s authority, it has surely not worked. There are still the same calls for his resignation, even from people like <a href="http://www.autosport.com/news/report.php/id/67977">Luca di Montezemolo</a> (if he could <a href="http://www.autosport.com/news/report.php/id/67986">make his mind up about it</a>) and <a href="http://www.pitpass.com/fes_php/pitpass_news_item.php?fes_art_id=34995">Bernie Ecclestone</a>.</p>
<p>Mosley&#8217;s critics can still point out that the countries that voted for Max Mosley were mostly represented by small clubs, some of them <a href="http://www.telegraph.co.uk/sport/main.jhtml?xml=/sport/2008/06/04/smhill104.xml">caravan clubs</a> who have not the slightest bit of interest in motor racing. The Dutch body, ANWB, <a href="http://www.autosport.com/news/report.php/id/67959">went as far as to point out</a> that smaller clubs potentially had a lot to gain financially from voting for Max Mosley.</p>
<p>It is said that the FIA clubs that voted in favour of Max Mosley represented <a href="http://www.formula1blog.com/?p=1351">as little as 5%</a> of the FIA clubs&#8217; total membership. This vote has done anything but put a lid on the controversy.</p>
<p>Max Mosley said in his letter a few weeks ago that he intended to stay on as FIA President, implying that he was the only person capable of keeping the FIA together in a time of &#8220;crisis&#8221;. Well, it looks to me as though if anything his desperation to keep his grubby hands on the steering wheel has exacerbated any crisis there may have been. In fact, it has created a new crisis.</p>
<p>The German body <a href="http://www.autosport.com/news/report.php/id/67958">ADAC has already reduced its level of participation</a> in the FIA and the American AAA is hinting that it will do much the same thing. Those are two of the biggest clubs in the FIA and such a split undoubtedly weakens the FIA. Indeed, if the ADAC continues to distance itself from the FIA, the Nürburgring may not return to the F1 calendar.</p>
<p>Way to contain a crisis. Of course, Max Mosley should have done the honourable thing and resigned as soon as the allegations were revealed. Any other public figure would do this. Max Mosley&#8217;s ability to hang on to power may have come as a surprise to outsiders who are acquainting themselves with this despicable little man for the first time. But we all know from the many years he has been in charge of F1 that he is not an honourable man.</p>
<p>I can well believe Bernie Ecclestone when he says that Max Mosley&#8217;s claim that he will give up the post in 2009 is a bluff. After all, Max Mosley already did resign in 2004 before changing his mind. And do the actions of Max Mosley over the past few months really look like the actions of someone who will be happy to give up the post in a year&#8217;s time anyway? Hardly. This man is truly desperate to hang on to his position. Who is to say that Mosley won&#8217;t try to remain in his position as FIA President until he dies as Bernie asserts?</p>
<p>As Bernie Ecclestone says, Max Mosley is a man who enjoys conflict. Indeed, we now know rather too much about the kicks he gets out of &#8220;robust&#8221; dealings and handing out big punishments. How can we take Max Mosley seriously any more? A lot of people thought that last year&#8217;s $100 million-sized punishment of McLaren (a value plucked straight out of a cheesy movie dialogue) was completely out of proportion. Well I think we all now suspect some new reasons behind his behaviour last year. How are we to trust the FIA the next time they decide to punish someone? The jokes will write themselves.</p>
<p>Max Mosley has lost all credibility. Since the story broke, the man has been uninvited left, right and centre. Uninvited from Bahrain. Uninvited from Israel. Uninvited from Spain. Unwelcome in Monaco. Meeting after meeting cancelled. This is a man who is patently unfit to do his job any more &#8212; and he knows it himself as he has offered to leave all public representation to his deputies.</p>
<p>He might have won the vote, but the FIA is like a banana republic. The credible voices are opposed to him. And no dodgy confidence vote victory will restore Mosley&#8217;s credibility. Will governments now be eager to start meeting him again all of a sudden? Will the royal families of Bahrain, Spain and Monaco be willing to shake his hand now? Of course not.</p>
<p>So where now for the FIA? As I have already suggested, it seems clear that Mosley&#8217;s decision to hang on at all costs has exacerbated or even created a conflict in F1&#8242;s corridors of power. Far from patching up any conflict, Max Mosley has worsened it. I am sure that if he resigned in the first place, a smooth transition would have been much easier to achieve than it will be now.</p>
<p>In Bernie Ecclestone, Max Mosley has created a formidable enemy. Who is to say now that the FIA will retain control over F1? In Clive&#8217;s <a href="http://madtv.me.uk/f1insight/default.aspx?blogid=297">interesting post on the future of the FIA</a>, he suggests that we may be seeing the end of the FIA as governing body of F1. And why not?</p>
<p>I have thought for a very long time now that the FIA was far too strong &#8212; that it put far too much power in the hands of just one person. And the recent talks of a split between sporting and touring clubs rather suggests to me that there is no obvious reason why the sporting and road-motoring roles of the FIA really need to be dealt with together in the same organisation.</p>
<p>Does Formula 1 really need to be under the control of the FIA? I think not. Say what you want about Bernie Ecclestone, but if you ask me I would choose Bernie over Max any day. We may complain from time to time about Bernie Ecclestone, but at least he is not malicious in my view. Max Mosley is pure poison from top to bottom.</p>
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		<title>An explanation for the lack of updates</title>
		<link>http://doctorvee.co.uk/2008/06/02/an-explanation-for-the-lack-of-updates/</link>
		<comments>http://doctorvee.co.uk/2008/06/02/an-explanation-for-the-lack-of-updates/#comments</comments>
		<pubDate>Mon, 02 Jun 2008 22:41:07 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[Admin]]></category>
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		<category><![CDATA[Max Mosley]]></category>

		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=209</guid>
		<description><![CDATA[The truth is, since my exams finished I&#8217;ve been concentrating more on relaxing than anything else. Also, if you tried to visit on Sunday you will have been unsuccessful. That&#8217;s because a fire knocked out my host for around 36 hours. All back to normal now though, phew. However, the Sunday downtime has meant that [...]]]></description>
			<content:encoded><![CDATA[<p>The truth is, since my exams finished I&#8217;ve been concentrating more on relaxing than anything else. Also, if you tried to visit on Sunday you will have been unsuccessful. That&#8217;s because <a href="http://www.theregister.co.uk/2008/06/01/the_planet_houston_data_center_fire/">a fire</a> knocked out my host for around 36 hours. All back to normal now though, phew.</p>
<p>However, the Sunday downtime has meant that once again I was unable to post my promised <a href="http://vee8.doctorvee.co.uk/category/guide/bluffers-guide-guide/">bluffer&#8217;s guide</a> (I have now missed three slots in a row &#8212; the first two being due to exams). I suppose I could have posted it today, but some <a href="http://twitter.com/doctorvee/statuses/825437621">good news</a> has meant that I have decided to reward myself some more time off. So I have deferred the next bluffer&#8217;s guide to the next free Sunday slot, which will be between Canada and France.</p>
<p>Anyway, I&#8217;ll get back to regular posting soon. I have a few ideas about the future direction of the site, but more of that at an appropriate time.</p>
<p>In the meantime, I am preparing myself for the aftermath of today&#8217;s FIA General Assembly meeting. Whatever happens, it won&#8217;t be pretty. I normally don&#8217;t mind the rough and tumble of F1 politics, but even I am thoroughly fed up with this current nonsense. I just want it to be over and done with, but I&#8217;ve got the feeling that this is just the beginning&#8230;</p>
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		<title>Bernie and Max are penpals!</title>
		<link>http://doctorvee.co.uk/2008/05/23/bernie-and-max-are-penpals/</link>
		<comments>http://doctorvee.co.uk/2008/05/23/bernie-and-max-are-penpals/#comments</comments>
		<pubDate>Fri, 23 May 2008 17:42:06 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
				<category><![CDATA[Opinion]]></category>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=187</guid>
		<description><![CDATA[I always had a little suspicion in the back of my mind that Bernie Ecclestone and Max Mosley didn&#8217;t quite see eye-to-eye as they&#8217;d have us believe. The 2005 United States Grand Prix was a case in point. Bernie Ecclestone &#8212; of course &#8212; wanted the race to go ahead in a way that would [...]]]></description>
			<content:encoded><![CDATA[<p>I always had a little suspicion in the back of my mind that Bernie Ecclestone and Max Mosley didn&#8217;t quite see eye-to-eye as they&#8217;d have us believe. The 2005 United States Grand Prix was a case in point. Bernie Ecclestone &#8212; of course &#8212; wanted the race to go ahead in a way that would allow the Michelin teams to compete. But Max Mosley stood in the way of any such plans.</p>
<p>Bernie Ecclestone must have been spitting feathers. I know I would have been (hell, I was anyway). Furthermore, the whole saga just went to show that Max Mosley does not care about the interests of Formula 1 in general. He is only interested in throwing his weight around and helping out Ferrari.</p>
<p>Now they are engaged in a public war of words through the medium of the letter. After Max Mosley&#8217;s stunt last week of sending a letter to the FIA club presidents in a last-ditch bid to save his bacon, Bernie Ecclestone yesterday returned the favour to try and dispel Mosley&#8217;s claims.</p>
<p>By now it is pretty clear that Max Mosley&#8217;s decision to hold a General Assembly in June was a ploy to buy himself some time. He will be hoping that a combination of the time spent to let the scandal die down a bit and his new conspiracy theories will be enough for him to see off a confidence vote in just over a week&#8217;s time.</p>
<p>But Max Mosley is surely mistaken if he thinks <a href="http://217.204.13.141/mediacentre/Press_Releases/The_FIA/2008/May/180508-01.html">his letter</a> will help put him in the clear. <a href="http://www.f1fanatic.co.uk/2008/05/16/mosley-makes-lurid-new-claims-in-desperate-bid-to-stay-in-power/">Keith Collantine has already cast his eye</a> over the letter, and I have to agree with the points he has made.</p>
<p>Mosley claims that he has received 62 letters of support, and only 13 asking him to resign. But this total represents a small proportion of the 222 votes that are eligible to be cast in the confidence vote. And, as Keith has pointed out, those who want Mosley to stay are more likely to write to him and say so. Mosley&#8217;s attempt to demonstrate that he has widespread support falls flat.</p>
<p>He then goes on to suggest that allowing the next FIA President to be chosen democratically would be detrimental to the interests of the FIA. Beautiful. I would have thought that the FIA clubs would find that quite insulting.</p>
<p>In the letter he goes on to bring up some spurious allegations about negotiations between the FIA and the Formula One Commercial Rights Holder (CRH) (who is, to all intents and purposes, Bernie Ecclestone). Mosley reveals that the 100 Year Agreement between the FIA and the CRH is currently under renegotiation. Quite how Max Mosley has got himself into a situation where he needs to renegotiate a &#8220;100 Year Agreement&#8221; which was supposedly settled back in 2001 is glossed over in the letter.</p>
<p>Mosley alleges that the CRH is angling, &#8220;in effect to take over Formula One completely&#8221;. This includes giving the CRH the right to determine regulations.</p>
<p>However, as has been <a href="http://www.pitpass.com/fes_php/pitpass_news_item.php?fes_art_id=34894">pointed out today by Pitpass</a>, such an arrangement would not be allowed by the European Commission anyway. And this fact is the very reason why the FIA and the CRH are separate. Max Mosley seems to be suggesting that Bernie Ecclestone intends not only to ignore the EC&#8217;s demands and take over F1, but also that Bernie thinks he will get away with it. Bernie isn&#8217;t that stupid. The allegation simply doesn&#8217;t add up.</p>
<p>In the next sentence Max Mosley asserts that such an arrangements would be detrimental to the FIA&#8217;s ability to protect &#8220;traditional Grands Prix&#8221;. For one thing, this is clearly an attempt to gain votes from some countries whose Grands Prix are currently under threat. I do wonder exactly what powers the FIA has to protect &#8220;traditional Grands Prix&#8221;.</p>
<p>If such a power exists, the FIA is surely not doing a very good job of it. Last year the calendar did not contain the German Grand Prix and it will be doing the hokey-cokey with the Nürburgring-based grand prix (whatever it gets called in the end) for the foreseeable future. The Belgian Grand Prix, held at the hugely popular historic Spa-Francorchamps, has been only a semi-permanent fixture in the calendar since the start of this century.</p>
<p>The fact also that the French and British (and now Australian) Grands Prix are constantly operating underneath the Sword of Damocles suggests that this ability to &#8220;protect traditional Grands Prix&#8221; is a very empty concept.</p>
<p>Sure enough, what exactly constitutes a &#8220;traditional Grand Prix&#8221; <a href="http://www.pitpass.com/fes_php/pitpass_news_item.php?fes_art_id=34868">is not defined</a>, and seems to be just a hazy concept present only somewhere in the darkest recesses of Max Mosley&#8217;s head. It is a meaningless fig-leaf.</p>
<p>Mosley goes on to point out that &#8220;there has been a struggle for control of Formula One that goes back to the original Concorde Agreement in 1981.&#8221; Pointing this out is presumably supposed to scare the voters into selecting the status quo option. But this seems like a very odd tactic to me.</p>
<p>Max Mosley has been in charge of the sport for the majority of that period &#8212; since 1991. The fact that Max Mosley himself admits that he has been unable to put a lid on this &#8220;struggle for control&#8221; says it all. Why should the voters be persuaded to keep someone in on the basis that they can see off this &#8220;struggle for control&#8221; when that person has evidently failed to do so for the past 17 years?</p>
<p>He then undermines these arguments by promising that he will step down in 2009 anyway! What a joke. Max Mosley&#8217;s letter seems to be a last-ditch, desperate attempt to save his reputation. The notion that Bernie Ecclestone was somehow involved in the <i>News of the World</i> allegations looks paranoid (especially when there is a rather simpler explanation &#8212; News International getting its own back).</p>
<p>The fact is that Max Mosley himself knows that his position is untenable. This is evident from the fact that &#8212; despite beating his chest about the fact that he is attending the Monaco Grand Prix &#8212; he is spending the entire weekend locked up in his private offices and, on his rare traipses outdoors, refuses to answer any questions from the media. This whole thing stinks of someone who can&#8217;t bear to go down without bringing others with him &#8212; hence his cack-handed attempt to bring Bernie Ecclestone into the centre of this whole sorry saga.</p>
<p>Yesterday <a href="http://www.formula1.com/news/headlines/2008/5/7817.html">Bernie Ecclestone responded with a letter of his own</a>. In it, Ecclestone asserts his support for the FIA being the &#8220;sole body governing international motor sport&#8221; and confirms that the CRH &#8220;supports and concurs&#8221; with the European Commission&#8217;s requirements to keep the commercial and regulatory branches of F1 separate. He confirms that the CRH has no interest in controlling regulations, while pointing out that the FIA&#8217;s decisions should not be detrimental to the commercial interests of F1.</p>
<p>In fact, there is not anything very controversial in the letter at all &#8212; which you would expect, since Bernie Ecclestone had to defend himself. But it does add to the amount of arrows that seem to point to the fact that Max Mosley is not quite telling the whole truth in his letter of last week.</p>
<p>What <em>is</em> interesting about the letter is the constant emphasis on how it is in the interests of F1 for the FIA to be led by a &#8220;respected&#8221; President. And Max Mosley is anything but respected nowadays.</p>
<p>The sum of these two letters has been <a href="http://madtv.me.uk/f1insight/default.aspx?blogid=291">pointed out by Clive at F1 Insight</a>: &#8220;Max either admits to lying or has to call Bernie a liar.&#8221;</p>
<p>Meanwhile, there are suggestions that the Thursday <a href="http://formula1sport.net/formula-1/allies-defend-mosley-at-monaco/">press conference at the Monaco Grand Prix was rigged</a>. The panel was stuffed full of Max Mosley&#8217;s cronies, friends and allies. There are suggestions, too, that conference moderator Bob Constanduros was pressured into asking a question about Max Mosley. Funny how all this should happen at the last grand prix before the General Assembly.</p>
<p>Over the course of the Monaco Grand Prix weekend, it is becoming clear that Bernie Ecclestone has completely withdrawn any support he had left for Max Mosley. First he <a href="http://www.autosport.com/news/report.php/id/67642">pointed out</a> that Mosley&#8217;s letter was just &#8220;a smokescreen to stop all the other nonsense&#8221;.</p>
<p>In the <i>Telegraph</i> <a href="http://www.telegraph.co.uk/sport/main.jhtml?xml=/sport/2008/05/23/smgars123.xml">he was even stronger</a>:</p>
<blockquote><p>Everybody&#8217;s wrong except him. Everybody was involved in the orgy except him. He is just lashing out at anything he can. If he wants me to be the enemy he should be very careful because if he makes me an enemy I could make sure that he never whips anybody again.</p></blockquote>
<p>I&#8217;m not sure about the bravado at the end there, but Bernie is absolutely right about Max Mosley here. Throughout this whole saga, Max Mosley has been trying to build conspiracies, shift the blame, and try to make out that it&#8217;s the <i>News of the World</i> that has brought the sport into disrepute. But no-one forced Max Mosley to whip prostitutes in a basement. Say what you want about the privacy issue (and I certainly have my opinions there), but once the facts are in the open there is nothing you can do about it. And it is no-one&#8217;s fault but Max Mosley&#8217;s.</p>
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		<title>Max Mosley injunction against News of the World refused</title>
		<link>http://doctorvee.co.uk/2008/04/09/max-mosley-injunction-against-news-of-the-world-refused/</link>
		<comments>http://doctorvee.co.uk/2008/04/09/max-mosley-injunction-against-news-of-the-world-refused/#comments</comments>
		<pubDate>Wed, 09 Apr 2008 17:41:15 +0000</pubDate>
		<dc:creator>Duncan Stephen</dc:creator>
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		<guid isPermaLink="false">http://vee8.doctorvee.co.uk/?p=107</guid>
		<description><![CDATA[This morning brought yet more bad news for Max Mosley as he has lost his first legal case against News Group Newspapers, the News International subsidiary that publishes the News of the World. Mosley had wanted the videos and images of his alleged Nazi-themed sex orgy to permanently removed from the News of the World. [...]]]></description>
			<content:encoded><![CDATA[<p>This morning brought yet more bad news for Max Mosley as he has lost his first legal case against News Group Newspapers, the News International subsidiary that publishes the <i>News of the World</i>. Mosley had wanted the videos and images of his alleged Nazi-themed sex orgy to permanently removed from the <i>News of the World</i>.</p>
<p>But today <a href="http://news.bbc.co.uk/1/hi/uk/7338385.stm">that injunction was refused</a> and the newspapers has hit back with a double-whammy. In addition to republishing the original video, the newspaper has uploaded two audio clips that depict Max Mosley <a href="http://www.newsoftheworld.co.uk/0904_mosley_new_audio_clips.shtml">speaking English in a mock German accent</a>. One of these is the already infamous quote, &#8220;Zey need more of ze punishment I sink.&#8221;</p>
<p>The purpose behind publishing the new audio clips is to counter Max Mosley&#8217;s claims that the only reason he spoke German during the session was because some of the prostitutes themselves were German. This is at the heart of Mosley&#8217;s attempts to disprove claims that the session had a Nazi theme. But it does not explain why Mosley would be speaking English in a fake German accent.</p>
<p>It is very interesting that, as <a href="http://www.pitpass.com/fes_php/pitpass_news_item.php?fes_art_id=34376">Pitpass noted last week</a>, Max Mosley is <em>not</em> suing the <i>News of the World</i> for libel. You would think that if the allegations were false then Mosley would have little difficulty in winning a case against a newspaper which has put forward such over-the-top and cartoon-like allegations. This would particularly be the case in the UK which has famously strict libel laws. The fact that he is not suing for libel makes Mosley&#8217;s denials seem pretty empty.</p>
<p>Max Mosley appears mostly to be concerned about the invasion of privacy which the FIA has described as &#8220;apparently illegal&#8221;. It is worth remembering that less than a year ago such apparent illegalities were of no concern to Max Mosley as long as it assisted him in his personal vendetta against Ron Dennis.</p>
<p><a href="http://www.grandprix.com/ns/ns20223.html">As Grandprix.com reminds us</a>, the World Motor Sport Council met in September to discuss a list of text messages and phone calls between Mike Coughlan and Nigel Stepney. The validity of the evidence was brought into question. Here was Mosley&#8217;s response:</p>
<blockquote><p>The World Council’s only concern is whether that list is accurate and truthful. We are not concerned with whether there are issues over how that is obtained. Unless there is evidence that it is forged or inaccurate, we will take it on its face value. We do not enter a debate about Italian law; we have neither the time nor the skills for that.</p></blockquote>
<p>Funny how he sings a different tune today. Max Mosley&#8217;s defence appears to be crumbling.</p>
<p>Today&#8217;s events, however, represent a real legal stumbling block for Max Mosley. The injunction was refused on the basis that the video is already in the public domain and you cannot reasonably expect to remove it from the public domain. This is the same argument that has been used by those who are arguing for Max Mosley to resign. It is a good point.</p>
<p>However, <a href="http://www.craigblog.co.uk/2008/04/09/max-mosley-news-of-the-world-injuction-refused/">as Craigblog points out</a>, it is nevertheless surprising that this ruling went against Max Mosley. Had the injunction been granted, it would have sent out a strong message to everyone about the use of this video.</p>
<p>Now, media outlets have effectively been given absolute free reign to use it. As we have seen, the <i>News of the World</i> has now taken the opportunity to upload new clips. And at lunchtime today I was amazed to hear the original video clip being played in full on BBC Radio 5 Live. If the video was in the public domain in the first place, today it is in the public domain deluxe.</p>
<p>Meanwhile, it has been announced today that the FIA General Assembly will now meet on 3rd June. This will include a confidence vote which will be held as a secret ballot. I would be amazed if Max Mosley were to win the vote. Meanwhile, the FIA will be lumbered with a lame duck President for almost two more months.</p>
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