FIA says has new evidence in spy case

Posted by mika19b 
Re: FIA says has new evidence in spy case
Date: September 11, 2007 05:48PM
Posted by: marcl
I think Bernie knows if mclaren get booted out then lewis and alonso will have no drive and people will not switch on the tv to watch just ferrari win.

People in Spain will not bother and many people in England will not bother
Re: FIA says has new evidence in spy case
Date: September 11, 2007 06:01PM
Posted by: DJSKYLINE
i believe that whatever happens alonso and hamilton will get a seat nexr year and it will probably be for prodrive if not mclaren.

They will be using a mclaren chassis and engine so its likely they will go there as most of the other seats are taken and prodrive have not announced theirs yet. I think they have been told to wait just incase macca are thrown out next year.





Edited 1 time(s). Last edit at 09/11/2007 06:03PM by DJSKYLINE.
Re: FIA says has new evidence in spy case
Date: September 11, 2007 06:23PM
Posted by: Hologide
I figured that if this years McLaren (and therefore, further McLarens) turn out to be illegal, surely ProDrive wont be able to run them??
Re: FIA says has new evidence in spy case
Date: September 11, 2007 06:31PM
Posted by: gary42
I would assume so - if Macca get banned for next year surely it'll be the constructor? Although I expect the team to be banned - otherwise they could conceivably buy a customer chassis and run next year.

Re: FIA says has new evidence in spy case
Date: September 11, 2007 07:34PM
Posted by: DJSKYLINE
oh yes,thats true :)

Re: FIA says has new evidence in spy case
Date: September 11, 2007 09:40PM
Posted by: Muks_C
i'm sure Bernie's comments in the ITV interview were purely money-motivated, i.e. punish Lewis and kick McLaren out = loss of tv viewers, as Marcl said. it probably doesn't have much to do with what's fair or just, it's all to do with keeping F1's newest and hottest attraction in a racecar to keep people tuning in, whether his team are innocent or guilty as hell.




RIP Jules, never to be forgotten. #KeepFightingMichael
Re: FIA says has new evidence in spy case
Date: September 12, 2007 01:32AM
Posted by: Joe_Satriani
I listen to a couple of Brazilian F1 Podcasts and one of the reporters was at Monza this weekend following the whole thing. From what he hear and saw, McLaren is in trouble. Specially with the latest comment by Bernie saying he was sorry for Hamilton, which can be interpreted two ways: a) He is just sorry that he has to go through it in his first year or b) he is sorry for what is yet to happen. The latter is not unlikely really...anyway, come Thursday, things should get a bit more clear.
Re: FIA says has new evidence in spy case
Date: September 12, 2007 02:28AM
Posted by: Jagdpanzer
I hope Mclaren gets roasted in the hearing. The espionage is bad enough, but what's worse is Frank Williams and Jackie Stewart's verbal diarrhea claiming the whole affair "could damage the sport by scaring off investors" and that the investigation is being pursued with "enormous tenacity" by the FIA, a subtle little slip that implies Mclaren is being unjustly accused.

Even more classless is Ron Dennis' strategy to try to beat the charges - accusing Renault and other teams of the same crime his bunch is guilty of. Dennis is the bottom of ther barrel as far as I'm concerned, and if a team ever deserved a serious penalty its the 2007 version of Mclaren.

The only guy I feel sorry for is Alonso, for letting the money lure him into the Mclaren cesspit. I bet he would gladly pay to be rid of these idiots and back to Renault... ;)



"There are some pikeys there at Turn 10 putting tarmac down - what do you think of that?" - Martin Brundle
Re: FIA says has new evidence in spy case
Date: September 12, 2007 02:33AM
Posted by: DaveEllis
The espionage is bad enough

Can you name one instant of spying which took place?

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
theRacingLine.net
SportsCarArchives.com
Re: FIA says has new evidence in spy case
Date: September 12, 2007 03:01AM
Posted by: Razorsedge
erm....the theft and transferral of 780 pages of technical documents, and possible subsequent use of that data to gain insight into and advantage over a rival team.

For example:

Espionage (a loanword from French espionnage) or spying is a practice of obtaining information about an organization or a society that is considered secret or confidential without the permission of the holder of the information.
(thanks Wikipedia.LOL.)



N.B.*If the F.I.A. come out and raise another claim, or drop this claim completely I will stand corrected. It must also be remembered I have NO IDEA what's going on anymore anyway. Every article I read mentions possession of documents being the cause of McLarens woe, but the F.i.A. guilty verdict, which has now been thrown out to be re-heard was a breach of the sporting code and apparently un-related to, and does not mention 'possession' of said documents as a punishable offence.

"The WMSC ruled that although the team breached sporting regulations because one of its employees possessed confidential Ferrari documents, there was "insufficient evidence" that McLaren used this information and thereby compromised fair competition." -from ITV

Anyway, now Flavor Flav and Renault look set to be dragged through the mud, the end result will probably be that ALL teams use vehicles outside the regulations, because the regulations are 'fuzzy' to allow designers space to innovate and interpret the technical regulations, the direction this all will take is we will end up with a single Chasis and electronics kit for everyone.





Edited 1 time(s). Last edit at 09/12/2007 03:12AM by Razorsedge.
Re: FIA says has new evidence in spy case
Date: September 12, 2007 03:08AM
Posted by: DaveEllis
the theft and transferral of 780 pages of technical documents

McLaren did not steal. Whilst McLaren were holding what were stolen goods, McLaren did not steal them. These are 2 separate crimes, which carry different punishments, both in F1 regulations and a court of law.

Secondly, you did not answer where spying took place. McLaren did not spy. Stepney brought the documents to them. Whilst it is still massively illegal (in both the sport, and law), this is not spying. The holder of the information in this case was Stepney, who knowingly transferred the data to McLaren.

No spying took place and nothing was stolen. The documents were handed to McLaren, by a Ferrari employee. However, both teams broke the regulations, there respective contracts and the law. Whilst Ferrari were the victims in the case, this doesn't remove them from the responsibility for Stepney's actions. There are laws which make it illegal for me to walk across a railway line. These are for my own protection, however if I break this law I still should be punished.

I ask again - can anyone here name an instant where McLaren, or in fact anyone, spied?


edit:/ This of course doesn't take into account the new evidence, because nobody knows what that is yet.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
theRacingLine.net
SportsCarArchives.com



Edited 1 time(s). Last edit at 09/12/2007 03:10AM by DaveEllis.
Re: FIA says has new evidence in spy case
Date: September 12, 2007 03:18AM
Posted by: Razorsedge
LOL, sorry Dave was doing some hefty editing to the end of my post but the stuff your commenting on remains un-edited.

Now, Espionage or spying has taken place. Receipt of the documents or to use the above definition "obtaining information without permission" is espionage, or shall we call it spying.

It has taken place, that's why we're all in this mess. Even though it was an individual acting without orders from McLaren who was involved in the act.

Re: FIA says has new evidence in spy case
Date: September 12, 2007 03:34AM
Posted by: gary42
But as Jackie pointed out - "obtaining information without permission" has been going on for ever in F1 - and everyone knows it. Individuals have been switching teams and taking data with them - teams have taken photos of important parts of each other's cars for years - the list goes on and on. Remember when the pictures came out of McLaren's 3-pedal system back in the late '90's - those photo's were taken by someone from another team (IIRC Ferrari). Now THAT is worse surely, the team ordering an employee to take photo's of a rival's car so they could copy it rather than a team being given another teams technical documentation? And the above definition of espionage is Wikipedia's - NOT a legal definition. AFAIK the legal definition is deliberate obtaining - i.e. if I was to find the plans to the Eurofigher on the floor outside my house, I would have "obtained information without permission" but would not have committed espionage. If I was to then use those plans, I would be in breach of intellectual copyright and patent laws. Until we know what this new evidence is, we have no idea whether McLaren used the information or not - but one thing that is certain is that McLaren are not under investigation for obtaining the documents - that has been demonstrated to have been an individual (believed to be Stepney) from inside Ferrari.

Re: FIA says has new evidence in spy case
Date: September 12, 2007 03:53AM
Posted by: Jagdpanzer
You guys are straining credibility with your hair splitting over the exact definition of the term espionage.

What is plain and simple is that Mclaren is accused of having a detailed technical treatise from Ferrari in their possession, a technical treatise they obtained without Ferrari's permission. If proven by the FIA then that by itself is a violation, even possibly criminal, and would fit within the established definition of "industrial espionage".

How it came into their possession is irrelevent, since Ferrari did not willingly give it to them...



"There are some pikeys there at Turn 10 putting tarmac down - what do you think of that?" - Martin Brundle



Edited 1 time(s). Last edit at 09/12/2007 03:55AM by Jagdpanzer.
Re: FIA says has new evidence in spy case
Date: September 12, 2007 03:55AM
Posted by: DaveEllis
We are NOT in this mess due to McLaren receiving data. We are in this mess because of the discussion about McLaren USING data.

McLaren did NOT spy. They did NOT steal data. By no sense of the word did spying or espionage take place as a Ferrari member was in full knowledge of it happening. The only thing that is in question is whether or not McLaren used the data.

I can post this confidently because that is not what the FIA are investigating.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
theRacingLine.net
SportsCarArchives.com
Re: FIA says has new evidence in spy case
Date: September 12, 2007 04:02AM
Posted by: DaveEllis
How it came into their possession is irrelevent, since Ferrari did not willingly give it to them...

Actually strictly speaking, this is not true.

If McLaren can prove that Coughlan acted on his own and not under instruction from McLaren then Ferrari must either take the case against Coughlan (letting McLaren go free) or must insist that Coughlan is a McLaren team member and therefore McLaren as a whole should be held responsible.

However (and this is important), if Ferrari claim that McLaren are responsible for there employees actions then it must be insisted that Ferrari are responsible for there employees actions also. Stepney broke the regulations, laws, and (an obvious assumption) contracts too, and Ferrari would have to take responsibility and face action from the FIA also.

Quite simply, if you hold the entire McLaren team responsible for 1 member, you hold the entire Ferrari team responsible for 1 member. And if that is the case, nobody can claim that Ferrari were not responsible for the plans and information being in McLarens hands (but of course they can claim that McLaren broke rules/laws by accepting them).

You have to apply the same rules to everyone. You cannot chop and change them to suit.

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
theRacingLine.net
SportsCarArchives.com
Re: FIA says has new evidence in spy case
Date: September 12, 2007 04:06AM
Posted by: matt3454
If mclaren do get chucked out i doubt i will watch another race this year, watching 5 years of schumacher winning the championship was bad enough and seeing the prancing ponies win purely because they have no competition will be even worse.

Its in the sports own intrest to find a punishment that does not involve suspending the only competition ferrari will have for the remainder of this year and the next.

_______________________________________________________________________

Re: FIA says has new evidence in spy case
Date: September 12, 2007 04:51AM
Posted by: Rodrigo007
tbh...

at the end of this none of the decisions will be considered the right one... cuz always ppl will complain that if FIA punished Mclaren it cuz they favour ferrari but if nothing happened it cuz they favour mclaren
Re: FIA says has new evidence in spy case
Date: September 12, 2007 08:57AM
Posted by: marcl
As its been said loads of times.

If they do anything to mclaren then toyota as a team need to be taken to court, spyker as well. Jackie is right it now does seem like a hunt for Ron.

And if all the info is true about mclaren why are people ignoring that mclaren have enough evidence to show ferrari are still running an illegal car?

We will find out everything tomorrow just 1 more day now and maybe we will loose 2 top teams maybe even 3.

The FIA has confirmed that it has been approached by McLaren with questions about rivals Renault, just days before the World Motor Sport Council hearing into Formula One's spy saga.

There has been mounting speculation since the Italian Grand Prix that part of McLaren's defence arguments in Thursday's hearing will revolve around the fact that if they are punished then rival teams like Renault should be as well.

Sources have also suggested to autosport.com that other teams may also have been mentioned as well as Renault, although this has not been confirmed.

The exact nature of McLaren's query about Renault is not known, but there are rumours it is focused around a technical element on the car rather than any specific involvement in the spy controversy.

The FIA has now confirmed that McLaren's lawyers have indeed been in touch with them to discuss the Renault matter, but the sport's governing body has made it clear that it will have no relevance to the Paris hearing.

An FIA spokesman told autosport.com: "We have noted the speculation and we can confirm that McLaren lawyers have recently brought to our attention certain matters regarding Renault F1.

"But we can also confirm that the team (Renault) does not form any part of our investigations into McLaren's alleged breach of Article 151C of the International Sporting Code.

"The FIA has reminded McLaren that the World Council hearing in Paris on Thursday will focus solely on the new evidence in that investigation.

"To the extent required, any other matters will be dealt with as part of an entirely separate process. Renault F1 are aware of this and are happy to cooperate fully."

Renault boss Flavio Briatore was quoted in the Italian media today as saying that he was confident they would not get dragged into the spy case on the back of the speculation about McLaren's complaints.

"We told the FIA what we had, so there's no problem," he told Gazzetta dello Sport. "I don't know what Dennis refers to, he's throwing stones a bit everywhere. We are calm, no problem at all."

The FIA hearing in Paris will hear new evidence in the McLaren case, believed to revolve around an email exchange between Fernando Alonso and Pedro de la Rosa, with rivals Ferrari also expected to present their own submissions about the matter.

McLaren have been advised on legal grounds not to comment about the case before the hearing.



Edited 1 time(s). Last edit at 09/12/2007 08:59AM by marcl.
Re: FIA says has new evidence in spy case
Date: September 12, 2007 09:34AM
Posted by: tripleM
"No spying took place and nothing was stolen."

No.

Just one example from The Economic Espionage Act of 1996

ยง 1832. Theft of trade secrets

(a) Whoever, with intent to convert a trade secret, that is related to or included in a product that is produced for or placed in interstate or foreign commerce, to the economic benefit of anyone other than the owner thereof, and intending or knowing that the offense will , injure any owner of that trade secret, knowingly--

(1) steals, or without authorization appropriates, takes, carries away, or conceals, or by fraud, artifice, or deception obtains such information;

(2) without authorization copies, duplicates, sketches, draws, photographs, downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, mails, communicates, or conveys such information;

(3) receives, buys, or possesses such information, knowing the same to have been stolen or appropriated, obtained, or converted without authorization

I suggest people take a closer look at subsection (3)

"The holder of the information in this case was Stepney"

None of the information transferred was his intellectual property.

"And if that is the case, nobody can claim that Ferrari were not responsible for the plans and information being in McLarens hands (but of course they can claim that McLaren broke rules/laws by accepting them).

You have to apply the same rules to everyone. You cannot chop and change them to suit."

Look at the EEA:

the term 'trade secret' means all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if --

(A) the owner thereof has taken reasonable measures to keep such information secret

Should owner be held responsible for the theft of trade secrets with the intention of injuring when reasonable measures had been taken to keep that information secret?


Sorry, only registered users may post in this forum.

Click here to login

Maintainer: mortal, stephan | Design: stephan, Lo2k | Moderatoren: mortal, TomMK, Noog, stephan | Downloads: Lo2k | Supported by: Atlassian Experts Berlin | Forum Rules | Policy