Archive: law

The Formula 1 news has been dominated by political activity of late. I have struggled to bring myself to write about it, but today’s events seem like a good stage to provide an overview of where things stand.

This business with Ferrari taking the FIA to court over a veto is very interesting. Ostensibly the loss of the court case is bad news for Ferrari, but in fact their point has been proven. The court did confirm that Ferrari do have such a veto — just that they have failed to play their card correctly.

What this has conveniently done, though, is proved the point that the FIA simply are not to be trusted in this sort of situation. This technical veto — along with a host of financial and sporting perks — was given to Ferrari as a reward for jumping into bed with the FIA the last time the governing body’s power was put into question. GPWC (later GPMA) was an alliance of some of F1′s biggest names. It was essentially a bargaining tool for the teams not unlike today’s Fota. Ferrari was a major player in it — until the FIA lured them away with bribes. With Ferrari gone, GPMA was toothless and little was heard of it ever again.

This time, Ferrari aren’t for turning. The threat to the FIA’s power is therefore much greater this time round. So the FIA has preoccupied itself with looking for ways to either break up or undermine Fota. That is why they have this sudden obsession with new teams, even though there have been vacancies on the grid for over ten years. I seriously doubt we’d be hearing about how vital it is to attract new teams were it not for Fota. By doing whatever they can to bring in new teams, the FIA can ensure that there will no longer be unanimity among the teams.

After all, the FIA does not really have much else going for it. Participants, fans, media commentators and other onlookers have all completely lost faith in the FIA as it brings in ever-dafter regulations that lack any cohesion. For just one example, they will constantly bang on about cost cutting, then force teams to incur further costs by radically changing the regulations periodically.

Moreover, the FIA constantly fail to meet their own regulations, such as when earlier this year they attempted to change the sporting regulations within days of the season starting without first consulting the teams. Nor can the FIA administrate the sport in an even-handed way, as has been patently demonstrated by countless unfathomable stewards’ decisions over the past few seasons. The FIA is also wholly inadequate at formulating or policing the technical regulations, as is apparent with the completely botched introduction of kers and their inability to simply tell anyone if the double deck diffuser was legal.

Earlier this year Fota put forward a measured set of proposals that were based on actual market research which was conducted in an open and transparent manner. By contrast, Max Mosley just plucks new rules out of his freshly spanked arse. The FIA changes the regulations willy-nilly, out of the blue, for no apparent reason, without consulting anyone. The views of the teams, drivers, fans and the wider industry all count for nothing as far as the FIA is concerned.

This is the nub of the matter really. As has now become clear, the budget cap controversy was merely a conduit for a larger battle to begin — a battle over the governance of the sport. Do we want Formula 1 to continue to be driven into the ground by a frustrated politician who has no interest in consulting the people who really matter to the sport? Or would we prefer a future where fans and teams have a say, and where regulation changes can be measured and predictable? Well, I know whose side I’m on.

While people may scoff at the apparent arrogance of Ferrari’s recent statements, they do have a point. As readers will know, I am no Ferrari fan. But there is no doubt that this brand carries a lot of history, a lot of status, a lot of respect, a hell of a lot of fans and money by the bucket load. Arguably, the Ferrari brand is much more famous than the Formula 1 brand.

So Ferrari’s point about the calibre of the supposed new teams is bang on in my view. Make no mistake, the vast majority of these are teams that under normal circumstances would not be able to even consider entering F1, with an F1-standard car at an F1-standard budget. It is feasible only with the FIA promising to skew the rules in their favour — just as they skewed the rules in Ferrari’s favour back in 2005. This sort of crap has no place in a “sport” in the 21st century.

Privateer teams may be romantic, and I would love to see decent private teams to be able to compete at an F1 standard on merit, just as Brawn and Williams do today. But F1 is supposed to be the pinnacle of motorsport. And though some of the proposed new teams are accomplished enough at certain levels, few if any could claim to be on the cusp of being at F1 standard in normal circumstances.

As Joe Saward put it, it beggars belief that Max Mosley would think that it would be worth trading names like Ferrari, Toyota, Renault, BMW and potentially Mercedes for names like Wirth Research, Epsilon Euskadi, RML, Formtech, Campos and so on. Ask Max Mosley’s precious “man in the pub” about any of the names from the first list, and their eyes will light up in recognition. Asking about names from the second list would elicit a nonplussed response.

A grid full of teams like this, and with none of the historic and famous names that mean so much to people, would be an empty F1 indeed. It could be a return to the bad old days of the late 1980s and early 1990s, when the grid was full of half-arsed operations which polluted the field and acted as mobile chicanes. The FIA went too far in its efforts to get rid of these teams in the mid-1990s. Now it seems happy enough to go too far back the other way.

Max Mosley’s case seems utterly weak. He should know that too, because the last time he threatened the teams by forcing them to enter at short notice, the list of “new teams” was similarly long. Of these teams, one — Prodrive — was given the nod. It never materialised because the FIA decided to forego the biggest opportunity to cut costs they could ever ask for by making customer cars illegal.

As before, these new teams look like paper tigers. Yet Max Mosley is hinging the future of the sport on them because he finds it more palatable than relinquishing any of his power.

About a month ago Craig at Craigblog wrote a post about F1 merchandise. It was quite a coincidence because at the same time I was on the verge of buying the first piece of F1 merchandise I had bought for a very long time.

Since the turn of the decade I have watched Formula 1 pretty much as a neutral. Of course, I prefer some teams and drivers more than others. In case you’re wondering, my favoured teams are BMW, Red Bull, Renault and (at a stretch) McLaren. Out of the drivers, I like Räikkönen, Heidfeld, Kubica, Alonso, Coulthard, Webber, Barrichello and (at a stretch) Kovalainen.

When I was younger my attention was grabbed by Stewart Grand Prix. Jackie Stewart’s was a famous name that I could latch onto, and the Scottish iconography appealed to me as a young Scot. I also loved the fact that they were a new team, seemingly with the odds against them, but did a fairly solid job.

Rubens Barrichello’s drive to 2nd in Monaco in 1997 was exciting to watch, and for a second I thought they were going to win when Michael Schumacher briefly ran off the road at Ste Devote. Mostly though 1997 was a year fraught with reliability problems. 1998 brought a further dip in form.

But the 1999 season as a whole was brilliant for Stewart GP as Barrichello once again shone. Who could forget Barrichello leading at the Brazilian Grand Prix? And then Johnny Herbert took a fantastic win at the Nürburgring. This team was only three years old, yet was in a position to fight for good points hauls, finish 4th in the championship and even win a race. That’s more than the team’s subsequent owners, Ford (as Jaguar) and Red Bull can say for themselves.

Besides Stewart, I developed a soft spot for Jordan. I loved the way they came back from a disastrous start to 1998. Halfway through the season they hadn’t even scored a single point. Then things started to look up during the British Grand Prix. I can remember watching a fly-on-the-wall documentary about Jordan’s 1998 season. Eddie Jordan was nervously pacing around the Jordan pit area mumbling, “I need this feckin’ point… Come on, I need this feckin’ point so much.” He got that feckin’ point.

Just a few races later Jordan Grand Prix scored a magnificent 1–2 in Belgium, with Damon Hill heading Ralf Schumacher. It was the team’s first win and it ushered in a new, though fleeting, era of competitiveness for the team.

The 1999 season was a joy to watch, not only for Stewart but for Jordan and Heinz-Harald Frentzen in particular. The German driver took an amazing six podiums including two wins, particularly memorably in France. For a long while it looked as though Frentzen was a genuine championship contender, though in the end it was not to be.

In retrospect, the work the Jordan team put into the 1999 season diverted their attention away from the future. Ian Phillips said as much in the latest Inside Line podcast — the championship run burnt the team out, and they never recovered.

In subsequent years the Jordan team drifted ever further into mediocrity and it became more and more difficult for me to like the team. 2003 was particularly painful. Giancarlo Fisichella took a flukey win in Brazil, but that disguised a truly awful season in which the team otherwise scored the miserable total of three points. If the previous year’s scoring system would have been in use, the win would have been their one and only points score.

To compound matters, in 2003 Eddie Jordan got into a needless legal fight with Vodafone which he was seemingly never going to win. From then on Jordan struggled financially. That team is now known as Force India and has had four different owners in the past five years.

However, the late 1990s were great Jordan-supporting days. And along with supporting the team comes the merchandise. I had two Jordan caps (one generic Jordan and the other Damon Hill, mimicking the Hills’ famous helmet design). I also had a Damon Hill t-shirt that commemorated the “place in history” that Hill took by taking the first win for the Jordan Grand Prix team. I also have a 1:43 diecast model of Damon Hill’s Jordan 198, the car he drove in 1998 and helped secure Jordan’s famous 1–2 in Belgium.

That is not the only F1 merchandise I bought when I was younger. I also had an Orange Arrows cap. I think I got it because I liked the colours. I am sometimes surprised to see people still wearing Orange Arrows gear from time to time, around six years after the team folded. I also had a rather colourful Ferrari t-shirt commemorating their 1999 Constructors Championship victory. What can I say? The folly of youth.

In addition to the Damon Hill 1:43 diecast, for a period of five years I decided I was going to collect 1:43 scale models of every single Formula 1 world champion. So in 1998 and 1999 I bought two Mika Häkkinen McLarens and from 2000–2002 I bought three Michael Schumacher Ferraris.

To spice things up a bit I bought models of Alberto Ascari’s 1952 Ferrari 500 F2 and Nelson Piquet’s 1981 Brabham BT-49C. But I got bored after that.

Grand Prix Legends were looking for excuses as to why diecast models don’t sell so well nowadays. I think the reality is that 75 quid for a 1:18 model that will only gather dust on a shelf is a bloody rip-off. Back in the day I think I spent around £20 per 1:43 model. I don’t think that’s something I would do today.

Aside from the normal annual purchases of video games (when available) and the season review DVD, I have not bought any Formula 1 merchandise for a while.

Until now.

BMW Sauber t-shirt

I have bought this jazzy BMW Sauber t-shirt to express my support for the team. Like many, I have been wooed by the methodical, grounded approach of the team’s principal Mario Theissen and its drivers Nick Heidfeld and Robert Kubica.

The win was coming for a while, and the fact that it was a 1–2, just like Jordan’s maiden win, was the icing on the cake. The team’s recent dip in form won’t deter me. Now, for the first time for several years, I am not a neutral. I am supporting BMW Sauber.

It’s strange because I was never a supporter of the Sauber team at all. Nor was I keen on BMW when they were in partnership with Williams. But the magical combination of BMW and Sauber under the leadership of Mario Theissen has attracted me to them to the extent that I am a card-carrying, t-shirt wearing fan.

So which teams do you support, and do you buy merchandise to show that support?

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 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’s lives this morning has been pathetic.

It was pretty clear that the Nazi angle of the story was exaggerated somewhat by the News of the World, 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.

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 “I sink she needs more of ze punishment” (uttered by Mosley himself) and “We are the Aryan race!” do not strike me as being part of just another S&M orgy.

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’t matter because it was “clear… that the remark was unscripted”. He seems to think it was as though they were discussing whether an episode of EastEnders had Nazi overtones.

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, Sheikh Salman Bin Hamad Al-Khalifa, was interested. King Juan Carlos of Spain was interested. Prince Albert of Monaco was interested. Galeb Majadle, Israel’s minister for sport was interested. BMW, Mercedes, Honda and Toyota were all interested. Bernie Ecclestone was interested.

The fact is, no matter how disgusting I think it is that the News of the World should invade people’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.

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.

It would be bad enough if Max Mosley was just the “boss of Formula 1″ or the “head of motor sport” 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.

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.

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 — probably more than most British politicians can dream to have.

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.

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?

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.

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.

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.

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.

But today that injunction was refused 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 speaking English in a mock German accent. One of these is the already infamous quote, “Zey need more of ze punishment I sink.”

The purpose behind publishing the new audio clips is to counter Max Mosley’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’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.

It is very interesting that, as Pitpass noted last week, Max Mosley is not suing the News of the World 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’s denials seem pretty empty.

Max Mosley appears mostly to be concerned about the invasion of privacy which the FIA has described as “apparently illegal”. 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.

As Grandprix.com reminds us, 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’s response:

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.

Funny how he sings a different tune today. Max Mosley’s defence appears to be crumbling.

Today’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.

However, as Craigblog points out, 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.

Now, media outlets have effectively been given absolute free reign to use it. As we have seen, the News of the World 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.

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.

I don’t want to dwell on it, but I have a couple of extra thoughts on the Max Mosley allegations after reading some more articles on the subject.

Firstly, this one from Planet-F1. The site is not one of my regular visits, but this article caught my attention. And this paragraph in particular is interesting.

So far we have seen no denial from Max Mosley that he likes to spend his time with highly-paid dominatrix, giving out and receiving punishment and acting out bizarre role play. However since the story was revealed in the British Sunday newspaper, the photos of “spanking Max” that adorned the item on the website have disappeared.

The story remains, though, which would seem to indicate that although the photos were an invasion of Max’s privacy – they couldn’t get him to sign a model release form – the facts are not in dispute.

I am not a legal expert by any means, but this seems very interesting to me. If the photographs have been taken down, then Max Mosley’s lawyers have surely been in contact. Also note that the video has been removed from both the News of the World website and YouTube (though, as we all know, you can’t keep these things quiet on the internet these days).

So it looks as though Max Mosley has successfully had the images and video removed from the News of the World website on the grounds of invasion of privacy. But he has not succeeded in removing the actual allegations. Like I say, I could be off the mark on this. But a lot of people are noting that Max Mosley has not yet come out with a denial.

Now, on to my second point. Yesterday I, and other bloggers (e.g. F1Fanatic, BlogF1, F1Wolf), mentioned the fact that the mainstream F1 websites had ignored the story.

Now all of the websites I singled out in yesterdays post have mentioned the scandal in some form or another. Presumably the editors of the websites each woke up on Monday morning and realised how ridiculous it was that they did not even mention this story that potentially has huge implications for Formula 1.

The excuses some of the websites have come up with are pretty weak. Here is what Grandprix.com had to say for itself:

We would not normally cover such stories, but this one may have a significant effect on the FIA, and the world of motorsport and we feel that it should be noted.

Yeah, about 24 hours after everyone else noted it!

Then there is Pitpass’s excuse:

Pitpass would like to make it clear that it doesn’t do private lives, not unless a story has serious implications on the sport.

Fair enough on the first part of the sentence, but the second part then goes and undermines it. Of course this story has serious implications on the sport, even if the allegations turn out to be false in the end. It is not as if we are talking about a flag marshal being caught kerb-crawling. This is an allegation about the President of Formula 1′s governing body taking part in acts that make light of and fantasise about victims of Nazi death camps.

This is not a mere sex scandal. If it was, I doubt many people would care very much. It is the clear fascist overtones of the allegations that bring this to the public’s attention. You don’t have to be a rabid hater of Max Mosley to realise that this immediately brings the governance of the sport into question. People are rightly asking how someone who fantasises about fascism can be trusted to lead, say, a scheme such as Racing Against Racism.

As I said in the post I wrote yesterday, I do not think that newspapers should sniff around in people’s private lives, even if I don’t like the people in question. I also said that what happens between consenting adults is not the business of anyone else. Furthermore, I pointed out the dubious reputation of the News of the World and the vested interest that News International has in undermining Max Mosley.

But I recognised the potential importance of the story for the future of the governance of Formula 1. I realised that these allegations undermine the authority of Max Mosley unless it can be determined that they are false. I saw that people will question if someone who has Nazi fantasies is fit to be the President of an organisation such as the FIA.

So why couldn’t Pitpass, Autosport, Grandprix.com et al. say that? They just had to say that allegations surround the President of the FIA. They can tiptoe around the finer details if they want. But they cannot ignore it. This is a big Formula 1 news story — there can be no question about that.

My guess is that on Sunday the websites were too scared to upset the powers that be in F1. But you can’t keep these things quiet. The editors of the websites in question woke up on Monday to find that the entire world was talking about the Max Mosley allegations except the major F1 websites. What a patently absurd situation.

And the media wonders why people are increasingly turning to blogs.