This topic is discussed in theJan/Feb 2011 sailing world by Dick Rose(See Tack or Cross). This is one of the top guys on the rules and he does not see this as violation of the rules.
And he has the bio to have some cred.

Member, US SAILING Racing Rules Committee for over 20 years. Chairman of the committee for 12 years.
Member, International Sailing Federation (ISAF) Racing Rules Committee for over 10 years.
Member, ISAF Racing Rules Committee Working Party for last 12 years.
Chairman, ISAF Case Book Working Party for last 8 years.
US Sailing Senior Judge.