The "Problem" is the huge blind spot the spinnaker creates, which is even worse when sailing Uni, with no crew to look under it. I don't want to hit anyone, ever, and I often tack/gybe early to stay away from what could turn into a close call, even if that means going the -wrong way-for a 100 yards or so, but still there are times when you just cannot keep track of all the boats coming around the C mark and going upwind, while you are flying a hull with the spin up going downwind, especially when racing in mixed fleets.
There was that incident with the I 20 and Hobie Wave a while back, remember? Was that a "spinnaker induced" collision? I know I nearly took out an A cat last weekend, I only saw the top 1' of his mast over the top of my spin at the last second and was able to bear off to duck him. I don't know if he saw me coming or what he was going to do if I didn't. It could have been ugly! When it's blowing and the spray is flying, you cannot hear another boat hailing until they are nearly too close to miss.
I've always obeyed the golden rule when racing, "Do unto others as you would have them to unto you", or; "Payback's a Bitch!" so I don't intentionally push it, whether I'm the right of way boat going upwind or the spin boat coming down, a couple yards lost to a gybe or duck is not worth the time, money and mental anguish of a collision, not to mention you could be out for the rest of the regatta.
I would be in favor of some type of "Understanding" that when you are going upwind and you see a spin boat hauling butt in a huge puff comging down at you, you might want to assume he does NOT see you, and GTF Outa' the way!
I mean, that's just common sense, right? Unless you own a fiberglass repair company or an ambulance service...