A very specific question about a situation I observed last wednesday during our dear monohullers wednesday night beercan race..

At the start, one boat is lining up for pole position with 30 seconds to go. Sails out and almost dead in the water. Boat to leeward does the same, and they are slowly progressing towards the line. From windward and aft comes a third monohull, reaching down behind them and with 10 seconds to go comes up close hauled and with top speed to leeward of them. As the seconds tick down to start, there is much shouting as there is just not room for all three below the starboard marker (navigable water on both sides of the marker, no RC boat). In addition the boat most to leeward is pointing higher than the two to windward and has better speed, shouting "up up up".

Question is, what shall the windward boat do if it is to late to shoot over the marker (a soft marker in this instance). There is overlap between the three.

Claim room, do circles and sail the course?
Run over the marker, go back and re-start?
Or do as was done here, claim room, refuse to come up, protest the most leeward boat on the grounds that he can not luff that late forcing him into the marker (to late to tack or go over), and sail the course?