Let me preface this by saying that I'm not an F1 fan. At the rate things are going, I don't know if I want to even know what goes on in F1 anymore.
This is the WMSC's decision against McLaren (pdf) Some excerpts:
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8.4 McLaren has made detailed submissions indicating that none of the information received enhanced the McLaren car. McLaren has suggested to the WMSC that unless “actual use” and a demonstrated and itemised performance advantage can be proven beyond a reasonable doubt (i.e. to a criminal law standard of proof), the WMSC is not permitted at law to impose a penalty.
8.5 The WMSC rejects this suggestion. The WMSC has full jurisdiction to apply Article 151(c) and stresses that it is not necessary for it to demonstrate that any confidential Ferrari information was directly copied by McLaren or put to direct use in the McLaren car to justify a finding that Article 151(c) was breached and/or that a penalty is merited. Nor does the WMSC need to show that any information improperly held led to any specifically identified sporting advantage, or indeed any advantage at all. Rather, the WMSC is entitled to treat possession of another team’s information as an offence meriting a penalty on its own if it so chooses.
8.12 The evidence leads the WMSC to conclude that some degree of sporting advantage was obtained, though it may forever be impossible to quantify that advantage in concrete terms.
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So if a Ferrari waterboy were to tell his counterpart at McLaren that Kimi is using the Port-A-Potty before the race, the WMSC can take action. Excellent reasoning.
This is a witch hunt, plain and simple. Let's say a competing golf club manufacturer somehow managed to get hold of the technical plans behind Tiger Woods's clubs. In all other respects these competing clubs are within the specifications laid down by the rules. Would the PGA apply sanctions against this company? Ludicrous isn't it?
Another example. In other team sports such as American football or pro basketball, there are offensive and defensive playbooks which are crucial to a team's continued success. These playbooks have been known to go MIA but you don't see the sport's governing body coming down hard on the suspects. The same standards should apply in this particular case.
If Ferrari were to lose confidential information due to a disgruntled employee, then they should keep their own house in order before laying the blame on others. Unfortunately this is the reality of the world we live in; we look to blame others instead of looking at ourselves first.
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