How do you sort out the confusion? Ok, so at the beginning of the video both of you had your booms out to stbd and wind was from your port side, making the other guy the leeward boat, right? It appeared that you definitely gybed to put the wind on your stbd side while the other boat seemed to drift toward your line, but they were manually holding their boom at the centerline to keep it from gybing over. Eventually, they finally had to let it go and it swung to the same side as yours just before you got to the mark. So wouldn't you then be the leeward boat? I understand that the wind is behind you and they were slightly ahead of you, but doesn't the boom position basically determine who is windward / leeward? I would guess that you were leeward as soon as they were forced to manually restrain their boom. Also, while they were restraining their boom and your wind was clearly on stbd side, didn't you then have rights? It begs the question, why were they trying to restrain their boom from swinging to the port side as they were clearly trying to do at the 1:40 view?
That late gybe that they made (they couldn't restrain it any longer) seemed to put them in the position of both being to windward and having to give you room. You didn't seem to flinch as you stayed your course (perhaps you wanted to get a bit more to stbd) and they eventually had to stay out of the way, so was there a clear reason to protest if you chose to do so? I guess if you touched the mark, you might have protested immediately.