turbof1 wrote: ↑13 Apr 2020, 09:55
It could have become common law though. The FIA was afraid of exactly that: Ferrari going to a public court, taking matters outside FIA's jurisdiction while the FIA could not provide indisputable proof. You would get into a legal argument about precedence, what the FIA used as arguments to declare something legal or illegal,... . And that will be a very costly affair for all parties.
I am not going to bother explaining why code is very nasty to unravel and how you can so easily convolute things in even megabytes of code. I think what Dans79 told is correct: you can't just try to fish out anomalies out of huge murky pond of it, and you certainly cannot make a potentially offending party incriminate itself.
Basically, if everything was as straight forward as you said, don't you think they would have done that? Now I agree the FIA should have put more resources into it; hire outside experts. Do whatever it takes. Or, accept it's that much into a grey zone and declare Ferrari did nothing wrong. They should never have settled.
what i've read is that courts don't like to interfere in commercial contracts, it's not like consumer law, the parties are expected to look after themselves and take responsibility for what they sign. i haven't seen anything about Ferrari threatening legal action, and it'd just backfire spectacularly wouldn't it? What a nightmare! Massive courtroom drama and then FIA would get serious defending themselves and the code would get analysed and code is in sections, it has to be structured to be maintainable and then the output has to be there with the extra fuel in the calculations for all the combustion
The whole idea so far is to keep a lid on it. The story is it was toooo difficult to actually see but quelle chance mes amis voici zis solution parfait aucun probleme! i don't believe it. FIA had the system, they could run it, they could make Ferrari explain everything about it, account for the gps, swap in the randomising sensor, whatever. When rosberg cheated in Monaco FIA brought in McLaren as experts, they could have brought in HPP just the same, but they didn't
instead John called Ola and Ola called Toto and i get the impression something's upset Toto and it might be that. Anyway the whole thing's happened in the context of Ferrari and their position in F1, and it's a realpolitik thing that F1 can't just nail Ferrari. They didn't want to, so this is the story, that it was tooooo obscure, but Jean's dished out some public humiliation which he didn't need to do and probably that's had some effect backstage in Ferrari
At least Ferrari didn't win a championship with it, that would've been too awful. As it is they did some good races with it and now it's fixed. Sometimes, you have to settle for what's possible and that's what personally i've done, but the dots are there and i'm joining them