42. Daymare and In Your Ear round the leeward mark of a buoys-to-port course side by side. Daymare (windward) is clearly entitled to room at the mark. He remembers his Smooth Sailing Academy instructor's words and approaches the mark about a length and a half to leeward of it on this glorious sunny day with an 8-knot breeze. 

As he smoothly rounds up onto a close-hauled course, he passes within a foot of the mark. Only then does his concentration allow him to note that In Your Ear has been sailing along to leeward with the hulls almost touching and telling him that he is taking too much room. IYE is now uttering words to the effect that Daymare should do penalty turns. Who is in the right? What will happen if In Your Ear's request is ignored and In Your Ear simply hoists a protest flag but says nothing more?

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ruling
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