The term “information freely available” in rule
41(c) means information available without monetary cost and easily obtained by all boats in a race. “Easily obtained” means the information is available from public sources that competitors can reasonably be expected to be aware of and can locate with little effort. An example is information on the National Weather Service (NOAA) website and its radio stations.
Information for which a fee has been paid or that is not easily obtained by all boats in a race is not “freely available.” Examples are information supplied only to those boats that have paid a subscription or other fee, and information whose source is obscure.
The term “information freely available” refers only to the information, not to equipment or software needed to receive or read the information. A fee paid to connect to a network that is free and publicly available, such as the Internet, is not a fee paid for the information available there. Similarly, the cost of a computer or software used to connect to or search the Internet is not a cost of the information obtained by those means.
However, if the access to the information, including any equipment or software, is provided for a fee by the same person or entity that provides the information, then the information has a monetary cost and is not “freely available.” Examples are satellite radio companies and ocean routing services when they have charged the recipient of the information a subscription fee for accessing their channels or files.
Question 2
Answer 2
No. A disinterested source is one that is completely impartial concerning the outcome of the race.
Question 3
In rule
41(d), does the term “unsolicited” refer to the act of requesting information or of marketing the information?
Answer 3
The term “unsolicited” means not requested by the recipient.
Question 4
Can an organizing authority restrict the information that can be received by a boat without modifying rule
41?
Answer 4
No. However, the notice of race (which the organizing authority is required to publish; rule
89.2(a)) or the sailing instructions (which the race committee is required to publish; rule
90.2(a)) may change some racing rules, one of which is rule
41 (rule
86.1(b)). If either document changes a rule, it must specifically identify the rule when stating the change (rule
85.1). Furthermore, changes to rule
41 that permit the receipt of otherwise prohibited information or restrict the information that can be received by a boat while racing would often help competitors decide whether to attend the event or convey information competitors will need before the sailing instructions become available. In such a circumstance, the change must be included in the notice of race (rule
J1.2(1)). See also World Sailing Case
120.
February 2007
Revised January 2017