This is a good question. I think the biggest misunderstanding with "right of way" is that it implies the guy on starboard can do what he wants. I think it's actually almost exactly opposite, if I understand the rules correctly.

The way I understand "the rules" when two guys are on collision course (or close enough) is that the guy on starboard tack is supposed to maintain course, as in no deviation of it, and the guy on port tack is supposed to make sure he maneuvers in such a manner to make for easy passage. My take is that the guy on port tack should act "big and early" (make his intentions obvious) and the guy on starboard should hold ground. I am assuming both guys are on "normal" tacks, not one of them screaming downwind.

Because this is how I interpret it, I hold my ground when on starboard to allow the guy on port to maneuver. I actually feel compelled not to move, anticipating the other guy will.
For me, it's very frustrating when the guy on port doesn't do squat. If I was coming at you, Zen, and you shot downwind of me like in above (you on port, me on starboard) with your kite moderately low.. I would be totally okay with that. Others may not be though....It is confusing.


I usually just ride way downwind of everyone these days and come back to shore when I am done to avoid all that stuff.
I hate having to calculate stuff and prefer to ride where hardly anyone is.