Common Sense Sometimes Must Apply
Despite who is the burdened vessel, we all have the obligation of avoiding a collision.
The sailboat in the picture of the CW article is much to close to that powerboat regardless of who is the stand on vessel. I'd hate to damage someone's boat, sink my own or hurt someone. Bad way to start a race.
If I am sailing downwind on starboard tack just cruising around, I'll usually give way to a port tacker working to windward. I think that is just common curtesy. I believe that is the way the rules of the road used to be.