Good point! But...
Appeals - Case 63—at a mark, when space is made available to a boat that is not entitled to it, she may,
at her own risk, take advantage of the space.
This does not entitle the outside boat with rights to hit you intentionally. It does, however, make it clear that if the boat with the rights has to alter her course/change her maneuver in any way to avoid the intruder, the intruder is "out". And, the onus is on the intruder to prove that she didn't foul - a tough road to hoe!
Further, the boat with the rights can alter her course however she need to so long as she is rounding the mark in a seamanlike manner. Again, can't intentionally hit but that's the limit!
Appeals - Case 26—a right-of-way boat need not act to avoid a collision until it is clear that the other boat is not keeping clear. However, if the right-of-way boat could then have avoided the collision and the collision resulted in damage, she must be penalized for breaking rule 14.
I've done it many times, but when I did, I darned sure knew who was on my outside and what their skill level was and knowledge of the rules. A good skipper who knows the rules will bury you if you attempt this on them.