Then he compromised his boat speed to try and get a penalty on ETNZ and payed the price.
It was a penalty. The boats clearly touched.
Example: when rounding the top mark ETNZ were already foiling at 40 kn+ as they rounded. If you can watch that part of the race again, see how OTUSA had their leeward hull firmly buried on the water until they were effectively around the mark. Only then did they get up on the foil. That alone would cost them 100yds.
Not sure what part of the race you are referring to Andre. If it was the first mark after the start of the first race they got hit with bad air so the hull touching the water was the result. That is why the start is so important but I am sure I am not telling you anything you don't already know. I look forward to Oracle to having a good start in one of these races. That said - Go ETNZ!