...I'm saying that under rule 11 and 16.1, L can luff W such that W has to tack to keep clear, then L can tack and sail to the mark. I contend that per the definition of mark room and Cases 21 and 103, mark room is a finite (condition-based) entity, and L is free to perform this maneuver as soon as W has passed that point.
I'm not talking about any contact, so let's keep that off the table.
Mike
I admitted a few posts back that "obligated to tack" wasn't correct.