I agree with Eric... (I think the senior judges see an opportunity to make some rule refinements because the language is not up to the situation .... a sailing version of an activist judge)
The lesson learned here is that Protests are NOT WAR in the Jury room!....we need to get over the notion that protests are about fixing cheating and teaching the SOB not to do it again.!
IMO it also reinforces the notion that you play the game by the rules and we REQUIRE you to self enforce the rules for a good game.
The game is great when you play it hard and by the rules.... A culture of ah... I will let that infraction go simply undermines the entire game. The rest of the fleet can't know that the game has the necessary degree of self imposed integrity unless we follow all of the rules all of the time.
Situations happen quickly on the water (damn fast when I don't anticipate the situation coming up), the rule book sets the standard that the entire fleet can sail to.... Your instantaneous choosing to waive a rule has unintended consequences.
In this case Starboard made a legit tactical call .. X thought S an P were breaking the rules. He makes that call by evaluating the fleet culture on the race course.
Perhaps X was frustrated with the diminution of the game and decided to take a stand or he had something to gain. ( A noted A class sailor lost it over this kind of issue) ... No matter... It was a legit protest.
Differences of opinion, interpretation and perception of the facts get sorted out best in the protest room... Perhaps the bar will work well but a hearing ensures all points being heard and it reaches closure. The bar conversation will go on and on and on.
If I were X and heard the testimony that S waived P by... I would withdraw my protest (assuming that I could at that point).
We need to emphasis sailing fairly and by the rules and lower that psychological barrier to hailing protest and taking the issues to the room. We should expect all to learn to handle the disagreement on the water like Corinthians.
Those old guys have seen it all!