My guess is that IF ETNZ manages to pull off a win and take the cup, Ellison will have a pack of lawyers in court for years trying to take it back by challenging the penalty.
Of course given their history of cheating, one can't help but wonder if the modifications they made to their boat to make it faster were legal...
There could be all kinds of asterisks on this AC!
You must keep in mind that this is not match racing in the true sense of the word. True match racing involves identical boats and in the serious regattas the skippers rotate boats to make sure there is no equipment advantage.
AC may resemble match racing but the boats can, within the rule, be whatever they are needed to be. Example: Oracle removed their bowsprit. Made the boat lighter. Reduced windage. Did this violate the rule? Not at all. ETNZ lost two crew members over the side. Made the boat lighter. Did this violate the rule? Apparently not. So where do the changes/modifications begin and end? I don't believe that the rules in this race are the same as they were in the ACWS where the boats were class-governed.
So cheating is probably not an element of concern.
Let's face it, Oracle have found the perfect balance. Their boat has become stable, fast and easy to manage. It's going to be hard to beat. ETNZ now need to pray for Spithill to screw something up.
For me the real enduring pity is that if ETNZ loses, they may not be back and that would be a real loss for the future of the AC.