The first indications from the press concerning yesterday's Protective Order was that it was some sort of victory for Spain. The press seemed to put a spin on that Odyssey was forced to share information concerning the Black Swan and the other two sites.
Even Spain's lead counsel couldn't resist: "We're very pleased the court ruled in our favor," says James Goold, the attorney representing the Spanish government. "It shows that the court recognizes the need to move quickly to establish the identity of the ship."
In fact, Odyssey Marine has wanted to share the information with Spain since the beginning of the legal wranglings. The only obstacle was Spain's refusal to sign a Confidentiality Agreement, which Odyssey had insisted on. Yesterday's Protective Order was the same as a Confidentiality Agreement.
Odyssey Marine has now issued a Press Release on yesterday's ruling:
http://biz.yahoo.com/bw/080111/20080111005479.html?.v=1
In it Odyssey explains the importance of the Protective Order: "The Company had offered this information to Spain since the beginning of the legal process, but insisted that a Confidentiality Agreement or a Protective Order was in place that would serve to protect information which might endanger the site if leaked or disclosed."
To me, the real highlight of the PR was this: "Magistrate Pizzo indicated at the hearing that further operations at the sites by Odyssey were authorized and that any interference by Spain may result in sanctions under the Order. The Court also emphasized that in the event of a breach of confidentiality or violation of the Protective Order, the Court could grant whatever remedy it may deem appropriate, including dismissal of Spain's claim."
The importance of this statement by Judge Pizzo cannot be overemphasized. Work can continue at the sites. Odyssey does not have to wait until the conclusion of the court cases. Spain cannot further harass Odyssey's ships in doing their work.
If you have been following the Black Swan story you will remember Spain "arresting" the 'Odyssey Explorer' and the 'Ocean Alert' as they were leaving the port of Gibraltar. Spain even went so far as to put "crime tape" around the Zeus II, the Explorer's ROV, which is used in deep sea recovery operations. Now Spain has to behave itself or risk losing the cases outright.
I'd say this is clearly a victory and a step forward for Odyssey Marine and a setback for Spain.