Much of this is just common sense. The leeward boat should have no desire to sail above their proper course, especially with the mark approaching. That would only be putting themselves in jeopardy with other boats potentially passing them. The only reason to sail higher than proper course would be to push the windward boat out of spite. So, you don't want to cut your nose off just to spite your face, right? My point about Jackdaw's comment in the past is that you might have to take a beating in one race to ward off somebody who is trying to roll you to windward, but hopefully everybody will learn that you won't be bullied and you won't have to do it again!
With Ray's further explanation, it sounds like he had no choice with the obstructions. Besides that, if he doesn't move out of the way and there is no protest, then I would say that he simply took advantage of room "freely given". There is nothing in the rules against that! Sour grapes after the fact is just that!
