Well then you need to go back and reread our posts. We've both said from the beginning that mark-room has nothing to do with it - just rule 13. It isn't about "entitlement", it's about "obligations".

And, for (at least) the seventh time, please quote the rule that prohibits a windward boat from doing so. When I refer to an obligation under the rules, I cite the rule number and, if necessary, quote the rule text. Now it's your turn.

I'll give you a hint. The only rule that requires a boat to tack is RRS 20.2(d), and it has nothing at all to do with the scenario presented here.