Here is a link to the new rules: http://www.sailing.org/tools/documents/RRS2009-2012-[5950].pdf -> You are going to have to cut and paste this as I can't figure out how to make it a link. The [] in the link seems to mess up the ability to link it. I tried backslashing the "]" but that didn't work.

The way I read this is the minute the inside boat gets within 3 hull lengths to the mark she has all the rights in the world. It doesn't matter if she is on port or starboard. So a port inside boat can force a starboard boat to gybe. It's going to be a lot easier to force a boat to round the other gate mark or at least force them to throw two extra gybes in. I don't like it. It gives too much power to the inside boat at a gate and can cause some very fancy manuevering.