Yeah there's two issues are stake here, the arguments about whether Sisu have a case is one, and one I don't agree with but none of us really know if we're honest. You can't say you don't want something, make an offer of £5m or whatever it was, say you only want the unencumbered freehold, then whine when you aren't offered the leasehold for more than £5m on a plate. Play stupid games, win stupid prizes.
The other argument is that given the situation as it is (state aid complaint could take years to resolve, Wasps in charge of the Ricoh, etc. etc.) what should Sisu do and what should we want them to do?
Personally I don't think us playing in Brum for years is viable. I think the idea Wasps will go pop and the council will come crawling to the club is fanciful (I'm also not sure of the morality of wishing another club to go bust TBH). I'm not a gambler, I prefer certainty. So for me the gamble of waiting out for legal actions to finish/a third party to go bust and another not to find another use/tenant is too risky when your stake is the club itself. What do we do if one brick in that wall fails to materialise? We're a decade in still with no ground and a shit ton of bad will. That's me. I get others are more willing to risk the club either for the payoff (though these same people seem to virtue signal that they hate the Ricoh and don't want it at the same time, much like our owners in that respect) or for 'justice' as they see it. That leaves us with two options: build or agree a rental deal by promising to drop all the legals around the Ricoh. Personally I'm happy with either, but if it's build I'm pretty pissed off we haven't started doing it yet as it'll be more years we stay away.
My issue throughout all of this is by taking the actions we did where the club play is no longer in the hands of its owners or its fans, but in the hands of Wasps and CCC. By continuing the legal action (which is their right, but also has consequences) we virtually guarantee we can't stay at the Ricoh.
I don't like gambling with the club. Even if I saw the case for the state aid case (I don't) after the two damning JR verdicts I'd still see the state aid case as a gamble, not just because all legal proceedings overseen by humans are, but also because the actions of CCC after a potential judgement against them are far from certain. So again we're putting out future in the hands of third parties, this time the judge and CCC. I'd rather the club was in control of it's own destiny. The only way I see that happening is a new ground, and that clearly isn't happening.
I should make it clear, as I know people will jump on this that I don't think the indemnity is reasonable, but then I don't think it's supposed to be. I also strongly suspect that we still wouldn't have a deal were it to be dropped due to the second requirement of no future legal actions attempting to reverse the sale. Long story short: Wasps want that to go away and Sisu don't. Whether we think that's right, fair, or whatever is irrelevant, we handed them that power and it's theirs to use as they choose.