Hydraulics for Roadies
The Magura RT8TT The years went by, I kept riding my bike, but I still have no hoverboard. Corporations: If the hoverboard is real, please don’t release it. I have kids now, I understand.
Over the years, I’ve followed a number of the technological advances that were supposed to be just around the corner for bikes that excited me almost as much. One of the biggies was electronic shifting. Electronic shifting, from Mavic, really never felt like it was going to take off. Finicky, prone to malfunctions, expensive—when it worked, it was great. When it didn’t, it was a mess. I figured electronic shifting would never hit the mainstream.
Then Shimano Di2 came out. Campagnolo EPS, 10 plus years in the making, was available. With the release of Ultegra Di2, its safe to say electronic shifting has left the realm of just around the corner, and hit mainstream. Sometimes, the advances we think will never come really do become reality.
The other big item I’ve been waiting for is disc brakes on road bikes. You’d think, being a well understood technology, we’d have them by now. With them now legal for cyclocross, it may just be a matter of time—mechanical discs are already making inroads, and while solutions for using hydraulics are a little hokey now, we’ll probably see something available sooner or later. If I keep saying any day now, sooner or later I’ll be right.
One thing I never saw coming was hydraulic rim brakes. I’m trying to decide if they are a technological advance, or just a Mektronic on the path to disc brake Di2. Or EPS—no allegiances here.
Magura’s announcement as a sponsor for Garmin-Barracuda started the rumors flying. Magura confirmed their re-entry in to the road hydraulic market with a hydraulic rim brake, the RT8, initially available as a time-trial only version (RT8TT) mated to the Cervélo P5 time trial frame. In a few months, we’re told, it’ll be available without the Cervélo for both road and TT use. How that’ll work in a world where most people use integrated brake/shift levers remains to be seen. Details are just around the corner, I’m sure.
Before we discuss the merits of Magura’s offering, it’s worth understanding a little about hydraulic brakes. For the dirt-phobic, this may be the closest you’ve come to them, and while it’s unlikely you’ll be seeing Magura’s offering on your group ride any time soon, you’ll probably hear discussion about it.
Hydraulics Primer
Hydraulics are pretty simple. A typical hydraulics system of any form is composed of a master cylinder, one or more slave cylinders, incompressible fluid like mineral oil or DOT, and hydraulic cable to connect them. Each cylinder contains a piston. Press the piston in the master cylinder in, the incompressible fluid moves out of the master and in to the slave, and the slave piston extends. Simple. Attach a brake lever to the master cylinder piston, and use the slave cylinder to actuate a brake pad, and you have the makings of a hydraulic brake.
There are two different kinds of hydraulic systems employed in bikes. Most hydraulic discs use the “open” system, where there’s a reservoir attached to the master cylinder to manage fluid fill levels in the system itself. Lots of braking can heat the fluid, causing it to expand and overfill the system. The same excess braking also contributes to pad wear, requiring more fluid in the system. The reservoir takes care of managing these levels.
In a closed system, there’s no reservoir. Just the master cylinder and slave cylinders, and a fixed volume of fluid.
Left by itself, pressing the master cylinder piston in moves the slave piston out, where it will happily stay. The “normal” solution involves using specially shaped gaskets, designed to “twist” along with the piston. When there’s nothing pushing on the master cylinder piston, both pistons will want to retract to their normal positions, giving the behavior you expect from brakes. Springs occasionally augment this sort of system.
The upsides to hydraulic brakes are numerous: low friction, one-finger braking. Great modulation and control. Consistent performance, devoid of changes due to cable stretch or wear. Most of all, they’re powerful—by tweaking the ratios of width and height between the cylinders, a mechanical advantage is achieved—1 pound of pressure at the master cylinder can exert many multiples with a proper design.
Magura’s Offering
The new RT8 brakes are a somewhat unorthodox brake design, if we confine ourselves to the notion of how disc hydraulic brakes work.
Magura has had a rim brake product line for years, targeted at the tandem market. These offerings, and it appears the new RT8 as well, utilize a “closed” hydraulics system. The master cylinder has no reservoir. This isn’t necessarily a problem, assuming environmental conditions stay pretty constant; heat generated by braking shouldn’t feed back in to the slave cylinder the way it might in a disc system, which directly actuates the pad. Pad wear is still something of an unanswered question in the RT8—this could very well be handled at the brake lever by adjusting the travel of the lever blade, or limiting the retraction of the piston.
RT8TT ActuationSo is it better?
Magura’s brake should offer stronger, quicker actuation with less effort than a typical brake. Depending on the terrain you ride, this may be a major advantage, or make no difference at all. For the cyclist who finds them selves climbing—and therefore descending—major heights, hand fatigue may be a serious problem. We haven’t seen a road brake lever yet from Magura, however. At the moment, unless you find yourself regularly descending on your time trial bike, this likely isn’t a major problem.
Power isn’t a major issue with modern road brakes. Enhanced modulation may allow a lighter touch ducking in to corners, and that could possibly lead to some speed advantages for the racers among us. Possibly. With situations where the brake selection itself is causing braking problems, then the RT8 might be a major advantage—with some time trial bikes utilizing low-travel lever blades connected to center pull and single pivot designs to smooth cable routing and reduce frontal profile, the uncompromising power of the RT8TT will be a welcome change.
Aerodynamics have been heavily touted for the RT8′s, with Cervélo playing a role in their design. It’s not an advantage afforded to it by being hydraulic, but may shave precious microseconds off times. We’ll have to wait for some testing to confirm this.
The Magura design may have one neat side effect. It hasn’t been discussed, but the closed hydraulic design of the RT8 may allow for multiple master cylinders. In an open system, where the master cylinders have reservoir, having a one master cylinder compress will cause the other’s reservoir to, over time, soak up the excess fluid in the system. In a closed system, so long as there’s no air in the system, there’s no place for the fluid to escape. Bleeding the system would bring new levels of pain to an at times trying process, but in theory, once its set up, it would work fine. I’m certainly curious to see if anyone is going to try mounting brakes on both their base and extension bars in a time trial. The ability to brake from the extensions and maintain an aero position could be an genuine advantage.
It’s less clear if the Magura brake will help with are the major issues big descenders have: rim sidewall damage, wearing out pads, and blowing out tires. Discs, by relocating the braking surface away from the tire, are the best hope we have for solving that issue once and for all. That and better technique.
The Cervélo P5Under certain conditions I can see some potential upsides to Magura’s RT8 brake. Quicker actuation, more power and better modulation with less fatigue sounds like a win, if these are problems that plague you. Improved aerodynamics don’t do much for the recreational cyclist, but may be a win for those at the point where fractions of seconds matter. The multiple lever concept sounds cool, but whether anyone cares remains to be seen. We’re still left using the rim for a braking surface, though the enhanced modulation the Magura should offer might compensate a little for those with marginal descending technique.
It’s an interesting product, and one I’m curious to hear more about as details emerge. It’s unlikely, however, to satiate my desire for discs—or hoverboards.
Photos courtesy of Magura
The Explainer: Father’s little helper
January 21, 2012 by Charles Pelkey
Filed under Mind
Is testosterone therapy the fountain of youth? If so, WWWD? (What Would WADA Do?)
Charles,
As a retired lawyer and long time cyclist, I thoroughly enjoy your column.
Here’s one that might be arising more in the Masters’ ranks, which have had their share of doping positives, recently.
Doctors are increasingly treating below normal testosterone levels with (and Big Pharma is increasingly promoting) testosterone replacement therapy for older men. The therapy is based on research that tends to show that below normal T levels lead to various premature aging symptoms, low energy levels and low sex drive.
For those who race in the masters’ classes, is a TUE available for this therapy, with or without limitations? If not, is there any effort by WADA to consider it?
Given the threshold method of triggering tests, the ratio of epitestosterone to testosterone, would it even come up in testing if the therapy resulted in levels in the “normal” range?
Your hypothetical for the day.
Thanks,
― Larry
Dear Larry,
First off, let me thank you for your kind words. Given my relatively short time as an attorney (I’m just three years out of law school), I am always nervous when other lawyers – especially the experienced ones – read this column. Like anyone, I appreciate the kudos, but I do want to encourage anyone to send me a note if they notice a bone-headed mistake. I will correct those and make note of them.
Now, to your questions. The quick and simple answer regarding testosterone is yes. The World Anti-Doping Agency does make an allowance for the therapeutic use of testosterone. However, before we see the entire middle-aged masters’ peloton veer off to the doc’s office, you need to keep in mind that according to the rules, a Therapeutic Use Exemption (TUE) for testosterone is issued under the narrowest of circumstances. Most of us would probably not qualify.
Under the current WADA Code, a national doping agency is permitted to issue a TUE for testosterone only after an athlete has been diagnosed with primary or secondary “hypogonadism.” In other words, the testes are not producing enough of the hormone to bring the level of what is considered “normal.” (NOTE: While testosterone replacement therapy is offered to women in rare cases, WADA has concluded that there are more effective alternatives, so no TUE for testosterone will be granted to females under current rules.)
The definition of “normal” is based on several factors, chief among them age. Measured in nanograms per deciliter (ng/dL), normally blood testosterone levels in the general population of adult males run anywhere between 300ng/dL and 1000ng/dL. Of course, a 24-year-old with blood levels of 300ng/dL would be a cause of concern for his doctor. That same level in his 85-year-old grandfather might be considered to be within normal parameters.
Generally in a healthy and relatively young male, a serum testosterone level below 350ng/dL is considered to be a cause for concern and would make the patient a candidate for treatment.
However, it’s important to note that low testosterone levels due to the normal aging process are usually characterized as “functional” hypogonadism and would not qualify for a WADA-issued TUE. What would qualify is hypogonadism that is the result of a medically defined cause.
Rather than get into an analysis of each contributing factor recognized by WADA, I am simply including the causes of primary and secondary hypogonadism for which the agency says it would consider a TUE:
Primary hypogonadism
Klinefelter syndrome, bilateral anorchia, cryptorchidism, Leydig cell aplasia, male Turner syndrome, Noonan’s syndrome, congenital adrenal hyperplasia.
Secondary hypogonadism
panhypopituitarism, idiopathic hypogonadotropic hypogonadism, Kallmann’s syndrome, constitutional delay of puberty, LH deficiency, Prader Willi syndrome
That’s the general list and there are other contributing factors for which WADA – or a national anti-doping agency – could consider a TUE request. The bottom line, though, is that anyone seeking a TUE for testosterone must submit a detailed diagnosis, with supporting medical evidence, to justify the claim that his low serum testosterone levels are due to one of the medically recognized causes.
In the words of the U.S. Anti-Doping Agency (USADA), “It is extremely unlikely that a Therapeutic Use Exemption will be approved for ‘functional’ hypogonadism (a diagnosis of hypogonadism based on low testosterone levels but without a defined etiology).”
Getting old sucks. Is there a cure?
So let’s assume that the members of our hypothetical field of masters racers are not suffering from any of the aforementioned afflictions, but merely “functionally” hypogonadistic. The theory is that these men, too, would benefit from testosterone replacement therapy and you’re right, Larry, there has been an increase in interest (and marketing) in recent years, especially as we Baby Boomers get older.
Aging is a key factor in reduced testosterone levels in men. According to one study (Vermeulen A and Kaufman JM [1995] “Ageing of the hypothalamo–pituitary–testicular axis in men.” Hormone Research 43, 25–28) about seven percent of men between the ages of 40 and 60 have serum testosterone levels below 350ng/dL. That number increases to 21 percent for men between 60 and 80 and 35 percent for men 80 and older.
The symptoms of low testosterone levels – even those due to aging – are not pretty. There is the whole diminishing libido thing. (Of course, if that’s a problem, then the other common symptom, erectile dysfunction, probably won’t bother a guy as much.) But beyond those, there is a decrease in muscle mass, fatique, increased abdominal fat, loss of bone mass, frequent urination, high cholesterol and depression (probably caused by all of the other symptoms).
Like the Stones said, “what a drag it is getting old.”
So, would restoring those levels back to the way they were when you were 25 help reverse some of the symptoms of the normal aging process? Some studies say yes … and some studies say no. There is a big study going on right now, sponsored by the National Institutes of Health, which involves tracking 800 men over the age of 65 who are using a gel-based testosterone supplement. So, we may have a more definitive answer once all of the data is reviewed in the next year or so.
One thing is for certain, though. While there may be benefits that accompany testosterone replacement therapy for functional hypogonadism, there are risks, too. One key concern is the effect testosterone supplementation will have on the reproductive system, especially the prostate.
Exogenous testosterone can contribute to an enlarged (but non-cancerous) prostate, a problem known as benign prostatic hyperplasia (BHP) and some studies indicate that it can also contribute to the growth of cancer cells in the prostate.
The magic elixir: Daily use and we'll all look like this ... right? | 1982 - Universal Studios
Exogenous testosterone can also result in a decline in the production of natural testosterone, as the body adjusts in response to unnatural increases in serum levels of the hormone. That can also result in decreased production of sperm to the point that fertility may be put at risk.
The natural conversion testosterone to estrogen can also contribute to the growth of the much feared “man boob,” with men experiencing enlarged and tender breast tissue.
Indeed, the aforementioned side-effects are to be considered so potentially serious that any male with high risk factors for prostate or breast cancer (hey, it does happen) is automatically off the list of potential candidates for testosterone replacement therapy.
There are other side-effects, including liver toxicity, sleep apnea, fluid retention and increased risks of other cancers.
On a somewhat positive note, doctors also warn of one side-effect that would actually play pretty well with our little peloton of aging cyclists, though: Polycythemia. Yup, that’s an increase in the production of red blood cells. Unfortunately, that is also accompanied by an elevated risk of heart attack and stroke, not something you want to toy with in an age group whose cardiac risk factors are already on the increase.
Gee … this “therapy” sounds appealing, doesn’t it?
Since we’re in hypothetical mode, though, let’s assume that the NIH study comes back with stellar results and all of the 800 test subjects emerged from their two years with the strength, energy and looks of a 25-year-old. As a result, our masters all opt to take the chance and go with the therapy …. USADA be damned.
You asked if they might test positive in the rare event that USADA’s testers show up to request samples from the men’s 55+ field. The simple answer is yes. The initial test is based on the famed T/E ratio, the same test that caught Floyd Landis at the Tour de France. That test, for all of its flaws, is based on the assumption that the body produces testosterone and epitestosterone at about the same levels. WADA allows for some wiggle room, and the Dope-O-Meter™ isn’t tripped until the T/E ratio exceeds four-to-one (Landis, by the way, was 11-to-1).
Further study – using the Carbon Isotope Ratio test – would show that the elevated ratio is due to the presence of exogenous testosterone and that could result in a two-year suspension. In other words, that lucrative masters’ racing career could be at risk.
So in conclusion, testosterone therapy should probably be considered by a relatively small number of those for whom it might prove beneficial, especially if you want to live by the rules of our sport.
For the rest of us … well, I always like to remember the words of Mark Twain, who observed that “age is an issue of mind over matter. If you don’t mind, it doesn’t matter.”
– Charles
The Explainer is now a weekly feature on Red Kite Prayer. If you have a question related to the sport of cycling, doping or the legal issues faced by cyclists of all stripes, feel free to send it directly to The Explainer at Charles@Pelkey.com. PLEASE NOTE: Understand that reading the information contained here does not mean you have established an attorney-client relationship with attorney Charles Pelkey. Readers of this column should not act upon any information contained therein without first seeking the advice of qualified legal counsel licensed to practice in your jurisdiction.
Friday Group Ride #101
If you had asked me where the Willunga Hill was five years ago, I’d have probably guessed New Jersey. Now I know the aforementioned topography can be found in Australia, and serves as the major climbing obstacle in the Tour Down Under, the January kick off to the pro-cycling season.
The TDU hits the Willunga Hill tomorrow and wraps up on Sunday with a circuit around Adelaide.
Shortly, the world’s top pros, the lion’s share of them Europeans, will battle head winds and dash for finish lines in Qatar. They’ll move on to Oman after that.
There is a reason to this globe-trotting rhyme having to do with climate, sponsorship and expansion of the cycling brand. While some small races (Etoile Besseges, Challenge Mallorca, et. al.) do stud the late winter calendar in Europe, the UCI has sought to jump start its season by traveling to the weather. In this context, Australia, Qatar and Oman make a lot of sense as venues.
Further, deep pocketed sponsors in those countries want pro racing. Qatar, in particular, is forcing itself into the international sporting scene, not only hosting an annual, but also securing the football World Cup for 2022. The UCI, in pursuing a more global strategy to growing the sport, are understandably happy to sanction big bike races for big money in small, wealthy nations.
But while the Tour Down Under stokes the fire of sporting passion in Australia and the burgeoning presence of Aussie riders in the pro peloton, one has to question the strategy behind events in the Middle East. With exactly zero representation on the ProTeams, Qatar and Oman are not exactly hot beds of cycling passion. Race video shows long straight stretches of dusty roadway occasionally dotted by small bands of curious onlookers.
Other than cash and carry commerce, what is the real point?
The Tour of Beijing this fall highlighted the profit-centered strategy of the UCI in stark detail. Many top teams were reluctant to participate but were then seemingly strong-armed into showing up by UCI head Pat McQuaid, who wrote a memo threatening the sponsorships of teams who failed to toe the line. The Tour of Beijing is put on by Global Cycling Productions, a for profit organization that lives within the UCI headquarters in Aigle, Switzerland and staffed by senior UCI officials.
Over the last two years the UCI has been assailed from most quarters, criticized for their stewardship of the sport in the areas of doping control, equipment standards and rider safety.
This week’s Group Ride examines the nature of globalization, its positives and negatives. Few would argue against the good of expanding cycling to a global audience, but is simply following the money the best way to do that? Without connecting top level races to roots level organizations, is the UCI actually succeeding in making cycling more popular? Or do you see the shift of the race calendar out of Europe as simply a dilution of the cycling brand, designed to enrich the governing body? What are the positives and negatives to this new paradigm?
Image: CJ Farquharson, Photosport International
2012 Season Preview
At Pavé, I used to begin each season with a team-by-team rundown of what I considered to be the top-20 teams in the sport, highlighting their goals, expectations, and offering my insights as to their prospects for the new season. But since I’m not sure Padraig has the time or the editorial patience for such an effort, I think I’ll take a bit more of a global approach to looking at the teams and riders you can expect to see building the major storylines of the 2012 season.
Let’s get started with the 2012 Men of the Hour:
Team BMC – After adding Philippe Gilbert and Thor Hushovd to a roster already boasting Cadel Evans, it’s hard not to identify Team BMC as the team to beat in 2012. In the Classics, Gilbert and Hushovd will lead the way supported by “domestiques” such as George Hincapie, Alessandro Ballan, Greg Van Avermaet, Marcus Burghardt, and—in hillier events—Cuddles himself. In July, the team will be reinforced by the addition of Marco Pinotti, a rider whose personality will fit in well with the “American” team following several years with the with HTC-HighRoad. And as if men such as these were not enough, BMC now boasts two of the most talented and sought-after young Americans of the past few seasons in Taylor Phinney and Tejay Van Garderen; both will be looking to make big waves in domestic events such as the Amgen Tour of California and USA Pro Cycling Challenge.
Fabian Cancellara – It says a lot about Radio Shack-Nissan’s Fabian Cancellara that 2011 was considered a “down year” for the Swiss star. After all, it’s gotta be tough for anyone to follow-up a season in which he won the Tour of Flanders, Paris-Roubaix, several grand tour stages, and a World Time Trial Championship. But despite only winning six races (the biggest of which was the E3 Prijs Vlaanderen semi-classic), Cancellara was an overwhelming force in just about every race he entered—even if he didn’t always win. Look for Cancellara’s “mortal” 2011 to be followed by an “immortal” 2012, as less pressure, an improved team, and—perhaps most importantly—better team management will enable the Swiss Champion to dominate once more.
Belgium – Belgian cyclists enjoyed a succesful 2011; look for more of the same in 2012. But while we can expect men like Gilbert, Boonen, Van Avermaet, and Van den Broeck to dominate the headlines, watch for less-heralded (but no less talented) men such Maxime Monfort, Jan Bakelants, Thomas DeGendt, Jens Keukelaire, and Sep Van Maercke to earn their fair share of praise—and victories. Throw-in talented wild cards like 2011 Monument-winners Nick Nuyens and Johan Van Summeren, and there’s little reason to believe we won’t be hearing more of the Brabançonne (the Belgian National Anthem) at podium ceremonies all over the world.
American Stage Races – With the Amgen Tour of California, the Tour of Utah, and the USA Pro Cycling Challenge, the United States now boasts three world-class stage races, events that look certain to attract the world’s best teams and riders for years to come. An even better trend: American athletes are rising to the challenge and not allowing themselves be bullied by their international colleagues. And while 2011 saw two of America’s oldest professionals—Chris Horner and Levi Leipheimer—dividing the palmares among themselves, there’s good reason to believe that 2012 will see the next generation of American stars—riders like Van Garderen and Garmin-Barracuda’s Andrew Talansky—mount their own challenges as well. After all, if the sport is to thrive in the Post-Armstrong era, America needs great events and great riders to make it happen.
Peter Sagan – After a breakout season in 2010, Peter Sagan of Team Liquigas continued his development in 2011, winning more races than the previous year and taking his first grand tour stage (three of them, in fact) to boot. To make matters worse—for the competition, that is—Sagan is still only a few days shy of his 22nd birthday. In 2012, I expect we’ll see further signs of the youngster’s progression as he proves that he can be competitive in longer classics and Monuments. For example, he went into Worlds last October as one of the favorites to win the Rainbow Jersey. But Sagan faded in the end to finish a rather uninspiring 12th—after more than 260 kilometers of racing, he just didn’t seem to be as fresh as his rivals. Look for Sagan to have solved this problem as early as Milan-San Remo—a Monument perfectly suited to his skills. After all, last year’s Vuelta a Espana was the first 3-week stage race of his career. While it might have left him fatigued for Worlds, it served as the perfect base for a strong start to 2012. Riders develop form not only over the course of season but over the course of a career. In Sagan’s case, it’s still very early. Each race makes him stronger—and more prepared—for the next.
Dan & Tony Martin – No, they’re not related, but these two men took their careers to the next level in 2011. Dan confirmed the promise he showed in 2009 and 2010 by winning his first grand tour stage and finishing 13th overall at the Vuelta before taking second at the Tour of Lombardy. After such an impressive late season run, look for the 25-year-old Irishman to be a protected rider at Garmin-Barracuda for the Ardennes Classics and to earn a ride in what will be his (long overdue) first Tour de France.
As for Tony, he was arguably one of the best two or three non-Gilbert riders of 2011, winning three stage races (including Paris-Nice and the new Tour of Beijing), stages in the Tour de France and the Vuelta Espana, and perhaps most importantly, a World Time Trial Championship (at the expense of Fabian Cancellara). Only 26-years old, the German now rides for Omega Pharma-Quick Step and is certainly licking his lips at a Tour de France that emphasizes time trialing. While a yellow jersey in Paris might be a bit out of his reach (he has yet to prove himself able to hang with the best of the best in the mountains), a place on the final podium is certainly within his grasp—especially with a relatively flat, 52-kilometer time trial on the penultimate day.
Johan Bruyneel – Other than BMC’s incredible shopping spree, the biggest news this past off-season was the merger of Team Radio Shack and Leopard-Trek, a move that marked a distinct consolidation of power at the top of the sport’s highest tier.
Team general manager Johan Bruyneel’s first task will be developing an early season program that gets Cancellara to peak fitness, while still leaving everyone else guessing as to his form. Last year, Spartacus showed his cards too soon in winning the E3 Prijs Vlaanderen a week before the Tour of Flanders. An expert in the cloak and dagger game of form-building, Bruyneel needs to make sure the same mistake doesn’t happen this spring. Next up: the Tour and the daunting task of picking the nine riders to represent the team. Assuming both Schlecks are automatic invites, that leaves about ten qualified men fighting for the remaining seven spots. Bruyneel will need to delicately balance the condition and the egos of his riders, choosing the right mix for the difficult job of delivering Andy Schleck to Paris in the yellow jersey (which is Bruyneel’s real task). Reclaiming the cobbled classics for Cancellara is one thing; winning a Tour with Andy Schleck is an entirely different proposition. If Bruyneel proves he’s up to it, he’ll forever be known as one of the sport’s greatest director’s.
Team Sky – Were I still putting together a team-by-team ranking of the best squads in the sport, the top-3 would likely be BMC, Radio Shack-Nissan, and Team Sky. After a rather lackluster debut season, Sky started to put it all together last year, winning 32 races, including two stages at the Tour de France, one at the Vuelta Espana, and the overall title at the Criterium du Dauphine. Perhaps more impressively, Sky placed two riders—Chris Froome and Bradley Wiggins—on the final podium at the Vuelta an impressive performance given the difficulty of the route. Even better, Sky boasts talented youngsters like Rigoberto Uran, Gerraint Thomas, Ben Swift, and Edvald Boassen Hagen, giving management the makings of the super-team that will be a force in every race it enters for years to come.
But as if last year’s deeply talented roster wasn’t enough, Sky added Mark Cavendish (along with his former HTC mates Bernhard Eisel and Danny Pate) and Richie Porte to the fold. Look for Cavendish to add to Sky’s stage tally at the Tour while preparing himself for a chance at a gold medal in London. As for Porte, his addition will make Team Sky one of the top favorites for the new, trade team-only, World Team Time Trial Championship to be held this coming September.
Alberto Contador – If he races in 2012 (and that’s a big “if”), there is little reason to believe Alberto Contador won’t dominate the 2012 Tour de France. Yes, Cadel Evans is confident after winning in 2011 and motivated by a 2012 parcours that suits his talents. And yes, “Frandy” Schleck will benefit from the wisdom and tactical nous of Johan Bruyneel. And of course, we can’t expect that so many contenders will crash-out during the Tour’s first week. But like it or not, Contador is still—without a doubt—the best grand tour rider on the planet. The fact that he still managed to finish in the Tour’s top-10 so soon after winning what was quite possibly the toughest grand tour ever speaks to the level of his talent. Only the pending CAS decision stands in his way. Then again, we said that last year, didn’t we?
Those are my picks for 2012’s “Men of the Hour”. Share your own picks and comments below.
Coming Soon: 2012’s Up-and-Comers.
Image: John Pierce, Photosport International
SOPA & PIPA
I had planned for RKP to join the protest against SOPA and PIPA, but got home from a trip up north last night to discover that our wireless router had died. While it didn’t prevent the site from operating, it made responding to comments the only RKP activity realistically possible.
In truth RKP doesn’t have much to fear from this legislation. We produce our content in-house except for the images shot by John Pierce and his team at Photosport International. So why should we care? Easy, the far-reaching consequences of these provisions mean that we’d have to nix one of the more interesting aspect of Internet publishing: links. We’d have to kill every link that wasn’t self-referential, that is, didn’t lead to another page within this blog. Should we link to material published without the express consent of the copyright holder, we could be erased.
That some Draconian rule could shut this site down in perpetuity for simply linking to other content is ludicrous. There are a great many complaints about how the U.S. government over-reaches. I don’t agree with all of them, but I hope each of you out there can agree that while protecting copyright is important, these bills would be a constraint that would ultimately damage the propagation of knowledge. We hope you’ll take the time to contact your representative to voice your opinion on the bills.
Battle Royal, Part III: Campagnolo Super-Record
Campagnolo wins. There, that’s one of the two acceptable conclusions it would seem most readers will accept as just. I’m willing to bet that for most readers the sentimental favorite, the group of components that if—for any reason, any reason at all—I fail to find Campagnolo’s Super Record group the absolute winner of this little comparison, this subset of readers will feel justified in coming to the conclusion that I simply don’t know what I’m talking about.
I understand that sentiment, I really do.
The other alternative, of course, is that I’m supposed to come to the conclusion that these three groups and our love for them are as beyond question as religion. If you’ve had the impossibly good fortune to have had a love of Campagnolo passed down to you by your father, conceivably even a grandfather, you, sir, are lucky beyond measure and are thusly awarded a dispensation from this discussion. In your case, Campagnolo, by virtue of the fact that it was as inherited by you as your actual religion, is beyond question the winner.
But most of us made a choice. Maybe it wasn’t all that conscious, but we had to make a choice, so for most of us, it’s not like religion.
It’s a helluva prelude, but I had to do it. And here’s why: When I bought my first racing bike in the 1980s, it was both used and equipped with Campagnolo Super Record. I had a sense that what I purchased was an investment in my future. That my bicycle was without an expiration date. It was not, however, impervious to ham-fisted wrenching. The headset had been brinnelled, “indexed,” as we joked. When I replaced the headset (with a Chris King), I took the opportunity to overhaul the entire bike. I recall my shop’s manager turning the brake’s quick release and saying, “This works so well … why would Shimano want to go and change that?”
That was a direct quote recalled verbatim more than 20 years later.
Campagnolo’s Record group carries with it an air of elegance. Record has the enviable distinction of combining components of obvious function with a wash of art that rises above good industrial design. It reminds me of the work you find in a great guitar, fine silver or some of the best German sedans.
It seems unlikely that either Dura-Ace or Red will ever be as pretty as Record. This is a level of unlikely akin to me winning a Pulitzer or peace breaking out in the Middle East, although I’d welcome either or both. Campagnolo’s sense of the interplay of artful design and function are readily apparent at almost every turn, to be found in the use of carbon fiber in the front and rear derailleurs. Even better are the flowing contours of the Ergo levers. There’s something Eames-like in the way the lever bodies curve inward at the rise and the brake levers flatten and wrap outward at the hook.
Out of the box, the skeleton brakes remind me of some German shower fixture: minimal, functional and almost endlessly adjustable. On the road, however, they accumulate more dirt, sand and assorted road grime than any other brake I’ve encountered. Not surprising, I suppose, they’ve got surface area like Norway has coastline. And getting in there to clean them has forced me to amass a set of brushes I didn’t previously need.
Best Features: Their creativity. They were the first to add 10 speeds and then 11. They added carbon fiber to components like shift levers and derailleurs before anyone else did. They embraced both triples and compact cranks before Shimano did. They’ve offered a greater array of cassettes for their top group than Shimano has for some years. It’s a fact that Campagnolo has done more to meet the needs of the everyman than Shimano has by virtue of its willingness to offer smaller chainrings and bigger rear cogs on its cassettes. For an executive with taste and too few hours to ride, there isn’t a better choice than Campy with a compact crank and a 13-29 cassette, that is unless he lives some place relatively flat where he can get by with the compact and a 12-23.
I appreciate that Campagnolo offers cassettes with a 12t small cog. I don’t climb as fast as I did when I was racing, so I like having a 27t large cog. My unabashed love of climbing combined with my even greater love of technical descents (where my speed rarely hits 50 mph) makes my absolute favorite cassette the 11-speed 12-27. It has worked for me in the canyons above Malibu and makes great sense in the Alps as well. I can’t defend this preference in any remotely objective way; it suits my fitness and the terrain I prefer.
One great feature of Campagnolo’s Ergo shifter is your ability to dump the chain down the cassette after getting over the top of a climb. Where I live I rarely need this feature, but I have ridden loads of hills in New England that had a sharp finish to them and being able to drop three or four cogs instantly was pretty handy. Even better than this is the mechanical advantage of their shifters. It requires less force to execute a shift with Campagnolo shifters than either of their competitors’ shifters. And then there’s trim. Whether you’re in the small or large chainring, you get trim and I’ve yet to ride a Dura-Ace bike adjusted so perfectly as to prevent me from desiring at least a touch of trim.
Campagnolo has also endorsed the concept of running changes in a way Shimano doesn’t appreciate. If you didn’t like a feature of 7800, too bad; it stayed until the release of 7900. With Campagnolo, every year there are a few tweaks. The downside is that sometimes the new group isn’t all that new, but that process of tweaking has meant that the pressure required to shift the thumb button has decreased but the chance of overshifting has dropped as well. It used to be that in a sprint, by the time you generated enough pressure to execute a shift, you were well on your way to yet another shift. I was careful about the smallest cog I’d run on my cassette when I raced to make sure I didn’t risk overshifting. Running changes also means that each year Super Record gets a bit lighter; no matter what Shimano is doing, the fact that each year Super record gets lighter will keep the group competitive and push Shimano to catch up.
Worst Features: Their creativity. Let’s face it, three of the biggest game changers in component design—integrated control levers, large diameter BB spindles and dual-pivot brakes—all came from Shimano. It pains me to write that. Five or six years ago a friend summed up the reason he thought Campagnolo was OTB in component design with this: “Two words dude, square taper.” He was referring to the Italian company’s ongoing use of the square taper BB spindle, something they did finally abandon.
It’s not that Campagnolo isn’t creative. God knows. The problem is that the company used to lose the plot line periodically. Two more words: Delta brakes. I covered this ground adequately in peloton‘s issue 8, but I’ll remind you that the Delta brake, while as gorgeous as Riedel crystal, worked only as well as something spec’d by Huffy and was even harder to adjust. Imagine something as pretty as an iPod but with circa 1990s system software by Microsoft.
As much as I love the shape of the Ergo body and brake lever, I’m dismayed that Campagnolo has yet to offer the ability to adjust the reach on the brake lever. This is never more frustrating than when I move back to my Super Record-equipped bike from either a Dura-Ace or Red-equipped bike. It seems to me that ideal ergonomics would mean that lever reach would be adjustable so that any rider could open their hands while in the drops and their fingers would immediately reach the levers. It’s not a huge reach, but it’s a reach, nonetheless, that many of us are forced to make. That the quick release for the brake is on the lever is a feature I’ve never liked. A broken spoke will result in a brake lever that can only be reached from the hood.
Campagnolo’s extensive use of carbon fiber has a downside. Lay a Campy-equipped bike down and you’d better sharpen up your American Express card. I once had one of their chains blow apart at the shop-installed with the $100 tool masterlink (an abandoned design) and the broken link caught in the rear derailleur pulleys as I pedaled. The carbon parallelogram snapped like dried pasta. I still find the fact that their chains are non-repairable and require a $100 chain tool irksome. And that’s putting it mildly.
Assembly and Maintenance: The last iteration of Campagnolo 10-speed Record set a new standard in functionality for the Italian manufacturer’s top group. It was by far the quickest to set up and adjust, save the chain, but we’ve covered that. Unfortunately, Super Record 11 has proven to be fussier to set up. If the front derailleur set up isn’t perfect a dropped chain can result in chewed up carbon fiber, either in the front derailleur (no bueno) or perhaps at the frame (really no bueno).
Worse is the company’s decision to use aluminum Torx fittings to secure the levers and brake pads. Gone are the days of slipping a 5mm driver below the hood and giving a firm twist. Now you have to peel the hood back to a crazy degree and try to shove a Torx driver in there squarely enough that you don’t end up with aluminum shavings all over the lever. Your results may vary. To get the lever clamp tight enough I had to snug a crescent wrench on the driver’s handle. To see a picture of me doing this you can check out the Wikipedia entry for “awkward.” Not publicized by the company was the release of some alternative cassette spacers some months after the introduction of Super Record. There was an acknowledgement that some users might not be getting the best possible shifting performance. I was Googling for information on optimal adjustment of Super Record drivetrains when I happened to run across info about the ever-so-slightly thicker spacers.
Running new cables in a lever is less fun than changing a diaper. By a long shot. Those little white cable guides may give you choice, and they pop out to aid installation, but getting them back in is a bit like trying to replace a AA battery with a D cell.
The good news is that once it’s working properly all it needs is the occasional wash and chain lube.
Group Weight: 4.3 lbs. (1950g)
Best Internet Pricing: $2199
Tuesdays with Wilcockson #2
January 16, 2012 by John Wilcockson
Filed under Body
Merckx on the Col d’Allos at the 1975 tour de France
Grinta: the hidden ingredient of great racers
The Italian word grinta has become so prevalent in cycling journalism that a Dutch-language magazine in Belgium chose Grinta for its title. Translated, it means grit, spunk, bravery, or endurance. And when European sportswriters use the word to describe an underdog’s performance in cycling’s Heroic Era of the early 20th century, they are likely thinking of all four of those nouns.
They would certainly use grinta to describe how Eugène Christophe, when leading the 1913 Tour de France, broke his forks on the descent of the Tourmalet, walked more than 10km with the bike on his shoulder, crying all the way, to reach Ste. Marie-de-Campan, where he repaired the forks at the village blacksmith’s shop, and then, despite having lost a couple of hours, carried on riding over the Aubisque and Peyresourde climbs to Luchon — and still finished that Tour in seventh overall.
Journalists would use grinta to tell the story of Fausto Coppi’s winning the Cuneo to Pinerolo stage of the 1949 Giro d’Italia in a 192km-long solo breakaway over five mountain passes … or describe the heroism of Eddy Merckx at the 1975 Tour when he battled to second place overall after being punched in the liver on one stage and breaking his jaw on another … or relate how Lance Armstrong picked himself up after being floored at the foot of Luz-Ardiden, fighting back to the lead group and then charging clear to win the stage (with a cracked frame) to clinch the 2003 Tour yellow jersey.
So how does the latest generation of pro racers shape up to those cycling legends? Do they exhibit the same levels of grinta as their predecessors?
Take reigning world champion Mark Cavendish. The man with the flashy sprint certainly has to show grit and bravery in negotiating a risk-filled mass stage finish at the Tour or Giro. But his performance that impressed me the most was when he won (with Rob Hayles) the Madison title at the 2005 track worlds in Los Angeles.
The then teen-aged Cavendish was a last-minute replacement and had never teamed with the veteran Hayles before. They overcame their lack of competitive experience together with sheer class. The pair was impressively fast in lapping the field to take the lead with 28 laps to go — and even more impressive, Cav especially, in hanging with the pack as team after team launched attacks in the closing kilometers.
At the end of that high-speed 50km contest, Cav was in tears, not only from the thrill of becoming world champion at 19 but also from the pain of racing (and beating) the world’s best trackmen. That took grinta! In an emotion-tinged interview, the young Brit said that winning a rainbow jersey was “something I’ve been waiting for all my life.”
Cav in his new rainbow stripes
Another young racer who has displayed enormous amounts of grinta in his so-far brief career is Edvald Boasson Hagen of Norway. He needed plenty of nerve on stage 7 of the 2009 Giro to join a breakaway on a treacherously wet (and cold!) alpine descent into Chiavenna, where he easily took the sprint. Even more impressive was his victory a month earlier at Ghent-Wevelgem.
Also on a cold, rainy and windy day, Boasson Hagen wasn’t supposed to win this rugged Belgian classic. His teammate Mark Cavendish was favored, but the Brit flatted just as the race split apart. Their team director Brian Holm told me he wasn’t expecting anything from the Norwegian. After all, he explained, it was only three days after a difficult Tour of Flanders, where Boasson Hagen “had diarrhea and had to stop to go to the toilet three times…. That must have taken something out of him.”
Despite that, Boasson Hagen got into the front group at Ghent-Wevelgem with two senior teammates, both former winners of this classic, George Hincapie and Marcus Burghardt. Still, no one was expecting anything from the 21-year-old Norwegian when on the final climb, the ruggedly steep, cobblestone Kemmelberg, he jumped away from the Hincapie group and bridged to lone leader Aleksandr Kuschynski of Belarus — and after pacing each other for the remaining 35km, Boasson Hagen led out the sprint from 300 meters to win easily.
Hincapie could have complained about an upstart colleague stealing the race, but realizing the scale of Boasson Hagen’s grinta, the American admiringly said, “It’s huge for Eddy … and it doesn’t get much tougher than today.”
Eugene Christophe at the 1919 Tour de France
Like Cavendish and Boasson Hagen, the Slovak phenom Peter Sagan has quickly established himself as a rider of immense talent and grit. Only two months into his pro career, at age 20, he shocked the cycling world by taking two stage wins at the 2010 Paris-Nice in bitterly cold weather — the first by out-sprinting a select group of six that included Spanish stars Joaquim Rodriguez and Alberto Contador; the second with a solo attack on a steep climb 2km from the finish.
A few weeks later at the prologue of Switzerland’s Tour de Romandie, I witnessed his ambition first-hand. Standing beyond the finish line, with no other reporters around, I was able to talk to riders as they circled back after finishing their time trials.
Sagan raced across the line head down, riding as hard as he could, and didn’t see what time he’d done. He said he understood a little English, so I indicated that he was one second slower than the fastest rider, Italy’s Marco Pinotti. Sagan knew enough English to react to his narrow loss with: “F–k! Only one second?” And the very next day, goaded by his prologue defeat, he proved the strongest sprinter, with the most grinta, in a wild bunch finish.
Like the legends of the past, modern stars Cavendish, Boasson Hagen and Sagan all have immense talent and, even more important, that indefinable gift called grinta.
Images: John Pierce, Photosport International
Follow me on Twitter @johnwilcockson
The Body or the Face
“The body or the face?” the loan shark’s muscle asks, a droll query from a guy with a square jaw and a fist like a cinder block. The clear implication is that, no matter the choice, it’s gonna hurt. A good outcome is no longer an option.
The Court of Arbitration for Sport (CAS), the place sports’ governing bodies go to when they’ve failed to govern effectively, might as well be giving pro cycling a choice between the body or the face right now. With a verdict coming in the appeal of Alberto Contador’s non-sanction for Clenbuterol doping, it’s important to recognize that, no matter the outcome, cycling’s gonna take a haymaker.
The 30 second version of the story is this: Alberto Contador tested positive for Clenbuterol at the 2010 Tour de France. The Spanish cycling federation (RFEC) opted not to suspend him. The UCI and WADA appealed that decision to CAS based on the WADA code of strict liability, i.e. that the athlete is 100% responsible for what goes into his or her body. Simply stated, if there’s dope, they doped.
Let’s not go any deeper into this case and it’s details than that. The details and the extremely long timeline of events only serve to obscure the underlying truths here. (If you need to play catch up, Padraig has written about the case extensively here, here and here.)
CAS is going to do one of two things. They’re going to uphold RFEC’s non-sanction of the rider, or they’re going to impose the standard two-year suspension that every other rider who’s tested positive has received. The body or the face.
If CAS decides that strict liability doesn’t pertain to Contador’s case, then a long list of suspended riders are going to have a serious grievance against the UCI. Think of Tom Zirbel or Fuyu Li, for example. Neither of those riders ingested a substance that anyone would argue helped them to win races, but they both served their suspensions. Strict liability, morally nettlesome as it may be, has been the law, so the possibility of CAS somehow striking it from the books, at least from a judicial point of view, will be bad for pro cycling. If an “I didn’t mean for it to be in my body” defense is allowed to stand, it then becomes open season, not just for Clenbuterol positives, but for any adverse analytical finding that might be attributed to contamination.
If, on the other hand, CAS follows precedent and suspends Contador, then we’ll have to vacate the results of two Grand Tours, the 2010 Tour and the 2011 Giro, not to mention a whole host of individual stages and smaller, albeit not-insignificant, races. There will be history books to correct, riders to promote, prize money to redistribute, legends to be recast. Because of the stature of the rider, the damage to the sport will be massive, complicated and long-term. The sport’s reputation, which already sucks, will get worse. Sponsorships will be affected. People not named Contador will lose money and opportunities.
There is a third way, I suppose. The CAS could take a hybrid approach, crafting a sanction for Contador that takes into account the minute amount of Clenbuterol that appeared in his system, but still pays some respect to the strict liability rule. Quite what that would be is hard to imagine, and if not a full blow to head or gut, still a stinger for a sport already on the ropes.
In fact, news out of Paris this week suggests that the CAS is not confining itself to issues of strict liability, that a partial examination of Contador’s tainted beef excuse IS being aired, and that the levels of Clenbuterol, minute by all accounts, are playing in front of the tribunal. If the CAS only concerns itself with the amount of the substance and its net effect, rather than possible reasons for its presence, we are likely headed for acquittal and all the fallout such a verdict will cause.
After all, these are the issues that have been examined ad absurdem by the UCI, WADA and RFEC over the last two years. “Did he dope?” is a different question than, “Did the doping help him win?” None of the answers are good ones.
The Contador case, as most in modern professional cycling, has gone on and on and on. The temptation to see the CAS verdict as a resolution is strong, but given the possible outcomes on the table, we should expect this mess to continue on for years to come. Shortly, we should know what the consequences are for Contador. The body or the face. But pro cycling is a long way from paying its debt to this particular loan shark.
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The Explainer: A dollar and a dream
January 14, 2012 by Charles Pelkey
Filed under Mind
Here’s one legal fight from which no winners emerged … unless you count the guys in pin-striped Italian suits.
Dear Readers,
Over the past few weeks I’ve received a number of emails – including a fair share of them from ol’ Padraig himself – asking for my thoughts on the now-completed battle between Specialized and the upstart bicycle company, Volagi.
I’ve been reluctant for a lot of reasons. Yeah, I’m a bike geek and yeah I’m a lawyer (but not a patent lawyer, by any stretch) … but I just hate watching these things unfold. Over the years, I’ve reported on more than my fair share of patent fights, allegations of intellectual property theft and classic pissin’ matches over bike, wheel and component designs. I’ve never enjoyed it. Emotions run high (people make their living from this stuff, after all), the issues are often esoteric and, when it comes to bicycle designs these days, we’re really fighting over a dime-sized area on the fifty-yard-line of human ingenuity. The issues can lead to big fights over small variations. Such was the case in Specialized v. Volagi, et. al., but it did offer up some interesting issues and I’ll try to touch on a few of them.
For those of you have missed the outcome, let me first mention that the lawyers over at Specialized scored a huge win in court yesterday – at least according to the prepared statement issued by the company, following Friday’s verdict – in that a Santa Clara County jury found that Volagi co-founder, Robert Choi, had breached a contract with his former employer. Yup, they ruled in favor of Specialized and awarded the company the princely sum of (drum roll, please) $1. Nope, that’s not a typo. That’s 100 pennies … in case you thought I’d forgotten to add the word “million” to that figure. (For you Leon Uris fans, think “QB VII.”)
So, what is all this fuss about?
How did two guys – Choi and his business partner Barley Forsman – who had just started a little bike company get into a legal battle with one of the world’s biggest bike companies?
Well, to start, both men used to work for said big bike company. That’s about all the parties who appeared in Santa Clara County Superior Court agreed upon. Everything else, from that point forward, was pretty much in dispute.
To hear Choi and Forsman tell it, they had – outside of their normal daily duties as Specialized employees – come up with an idea for a bike, a bike that no one, including Specialized, was producing at the time. So, back in 2009, the two left their jobs and set up shop as Volagi, right there in Morgan Hill, home of their former employer.
Volagi's LongBow Flex patent.
They filed for – and received – a patent (US D637,527 S) for a relatively unique (but not entirely unprecedented) design, which incorporated a bike’s top tube into a “LongBow” that included the two seat stays. The resulting bike, the disc-brake-equipped “Liscio,” received a terrific critical reception in the bike press. Sales were brisk, especially for a new start-up.
But wait! Specialized claims the idea was theirs and that the two had scampered away with an idea that had been developed while Choi and Forsman were employed by the company. The company claimed that the two men had violated the non-compete clause of their employment contracts and that they had engaged in the theft of intellectual property. The company’s attorneys filed suit, demanding that ownership of the idea should revert to Specialized and that Volagi be ordered to pay a royalty on bikes they had already sold and any bike the sell in the future if it’s based on the LongBow Flex patent.
Whose bike is it, anyway?
Specialized asserted that the Liscio was really just a variation on a theme already solidly established by its own “Roubaix” model and that Volagi was simply established to compete directly against the larger company’s most significant source of revenue.
Indeed, there are similarities and they essentially designed to meet similar demands, namely for a comfortable, but high-performance, road bike. My own gut reaction, though, is that’s where the similarity ends.
What Specialized had to prove, in order to win on the intellectual property theft claim, was that the basic concept behind Volagi’s LongBow Flex design had originated at Specialized. They didn’t succeed at that one.
Specialized's 2012 Roubaix - Sure it's similar, but there are noticeable differences.
During arguments, lawyers from both sides pretty much turned the court room into a high-end bike shop, parading 25 bikes of various designs in front of the jury. Included, too, was a discussion of precisely where it was that Specialized – particularly company president Mike Sinyard – got the inspiration for the Roubaix.
The defense offered testimony that Sinyard came up with the idea only after seeing the custom-built Seven Cycles bike ridden by a former employee. Indeed, the similarities between the Roubaix, the Seven and other bikes available on the market were greater than they were to Volagi’s Liscio.
Court room observers suggest that the jury was impressed by that testimony, but we’ll never know how impressed. The whole question of intellectual property – and some of the contract claims – were thrown out by the presiding judge before the case ever reached the jury.
When it all came down to it, the only issues to be weighed by the jury of six men and six women were the two breach-of-contract claims against Choi and Forsman, for having violated the non-compete clauses of their employment contracts.
The promise not to compete isn’t a promise to starve
So what the jury had to weigh was whether either one of the former Specialized employees had breached the non-compete clauses of their contracts.
While the non-compete clause in employment contracts is enforceable, even if it is violated, the case isn’t always a slam dunk in most jurisdictions. There is often an over-riding “public policy” concern that traces its roots all the way back to British Common Law, namely that a worker’s former employment really shouldn’t constrain his ability to earn a living after he leaves a company.
If that is carefully viewed in most jurisdictions around the U.S., the standard is even higher in California, where this case was heard.
In 1872, California enacted a law (California Civil Code §16600) banning the inclusion of non-compete clauses in employment contracts, except in the narrowest of circumstances. While many have argued that the 19th century statute is inappropriate in a 21st century economy, driven by invention and innovation, California courts have repeatedly upheld the law, most notably in two recent cases, Google Inc. and Kai-Fu Lee v. Microsoft Corporation, 415 F.Supp.2d 1018 (2005) and Edwards v. Arthur Andersen, LLP, 44 Cal.4th 937 (2008).
In Edwards the California Supreme Court upheld the statute because “ “the law protects Californians and ensures `that every citizen shall retain the right to pursue any lawful employment and enterprise of their choice.’”
Despite that strong affirmation of §16600, the lone issue presented to the jury in Specialized was precisely that, a breach of the non-compete clause in a California contract. I have to admit, I wasn’t there, but given the statute and the applicable case law, I am still wondering why the court didn’t toss that last issue along with the others. Nonetheless, it went to the jury.
The jury found that Choi had violated that provision of his contract, but didn’t reach the same conclusion when it came to Forsman. After finding that Choi had breached, the jury then had to wrestle with the question of damages … the actual cost to Specialized by Choi’s violation of that provision.
A smart move by the big guys?
Calculating damages didn’t take long and this is where Specialized probably faced an uphill battle anyway. No matter how you look at this case, the minute you put a multi-million-dollar corporation up against a couple of guys trying to make it on their own with a small start-up, the case suddenly transforms from Specialized v. Volagi into the far more difficult case of David v. Goliath, Valley of Elah, 1 Samuel, chapter 17, (1025 BC), and we all know how that one turned out for the big guy.
Now don't go spending it all in one place.
Juries composed of regular folk tend to sympathize with the little guy. They sure did here. Choi has to pay a buck to Specialized, which will cover about two or three seconds’ worth of the legal services the company had to pay in order to pursue this case. (Had the award been substantial, I frankly think it could have been shot down on appeal.)
According to court records, Specialized spent at least $1.5 million dollars in legal fees in this case. The guys at Volagi had to mortgage their homes and have spent far more than they have ever earned from their bikes just to fight this thing.
Frankly, it should have never gone beyond the usual bluff-and-bluster cease-and-desist letters lawyers send out as a matter of course. This is a case that should have been settled long before anyone even paid a filing fee to the clerk of the court. (It is, by the way, worth clicking on that ‘cease and desist‘ link, if you need a laugh.)
I am not sure whose decision it was to pursue the case beyond that, but even without the benefit of hindsight, it’s pretty obvious it was a dumb call.
Indeed, the only thing worse would be if Forsman follows up on his threat to file a frivolous lawsuit claim against his former employer.
Don’t do it. Take a deeeeep breath. Put the lawyers down (they’re dangerous and expensive). Step away slowly and think about your next step.
I think it’s time to shut up and ride.
– Charles
The Explainer is now a weekly feature on Red Kite Prayer. If you have a question related to the sport of cycling, doping or the legal issues faced by cyclists of all stripes, feel free to send it directly to The Explainer at Charles@Pelkey.com. PLEASE NOTE: Understand that reading the information contained here does not mean you have established an attorney-client relationship with attorney Charles Pelkey. Readers of this column should not act upon any information contained therein without first seeking the advice of qualified legal counsel licensed to practice in your jurisdiction.
Friday Group Ride #100
Much to my chagrin, some of the most read pieces on Red Kite Prayer are the product reviews. No matter that I sweat blood into my keyboard every week over each post I write. I understand. Not only do regular RKP readers click on links to product reviews and express their very wise and considered opinions, but people doing web searches, who are simply curious about those very same products, who may never have even heard of RKP, will end up here as well.
So, it doesn’t hurt my feelings that the posts concerning new wheelsets or chamois creams get more attention than my garbled, personal rantings about riding my bike up a steep hill. Chamois cream is compelling. I get it.
But there’s so much talk now of pay-to-play advertising in the cycling industry, it got me thinking. What bike products and people would I recommend unreservedly? Who do I want to see succeed? What about a little free publicity?
I don’t know about you, but I start every day with a cup or four of coffee. Two cups before I leave the house. One upon arrival at work. Two more in the afternoon. It’s both too much and just enough. And, coffee and cycling go together like asses and chamois cream, so I recommend High Cadence Coffee.
High Cadence manages two pretty spectacular tricks at the same time. First, the single-source and small-batch roasted beans make fantastic coffee. The Gavia Espresso will fix more or less any problem I have, even in small doses. Second, High Cadence donates $0.15 of every sales dollar to support and promote women’s cycling. What? You mean I get a great cup of coffee AND I support cycling? Yes, and yes. Jeff Ernst, who runs High Cadence, as well as the Ciclirati website, sent me a free bag of coffee once, just because. I recommend the coffee because it’s good and it’s good for cycling though.
I don’t know anyone at all who works at NiteRider. No one. But I ride home every night in a cone of daylight supplied by my NiteRider MiNewt 600 headlight. I love that light. It’s bright. It runs long on a single, USB charge, and it weighs nothing. I can’t imagine a better headlight. Of course, the name “MiNewt 650″ is goofy. 600 refers to the lumen output, which is fine, but “MiNewt?” Great light. Bad name.
My favorite t-shirt, maybe ever, is this one. Mike Spriggs, the man behind Gage+DeSoto, is the sort of guy who pops up here there and everywhere in the cycling world. When he’s not silk-screening the coolest velo-themed t-shirts on the internet, he’s working with Rapha or the Red Hook Criterium or, I don’t know what else. I don’t want to web-stalk him to find out.
This week’s Group Ride is all about FREE PUBLICITY! What people, places or things do you recommend to other cyclists? Who are the good guys? What are the indispensables?
Finally, this is Friday Group Ride #100. We’ve done this 100 times. It boggles the mind. Just wanted to take half-a-sec here to say thanks to everyone who has come along on the ride.
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