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jontyh said..
Looking forward to the responses to this, as i recently gybed into a kiter, who technically had right of way, but who was so close behind my sail i never saw him. I received congratulations from all the windsurf crew, obviously.
In my opinion, whether you were in right of way position in either scenario, if you gybed onto a wave that someone was already riding, you would be in the wrong ( also you are already in the wrong for kiting and posting on a windsurf forum! haha)
From a windsurfing point of view he is already wrong if kiting, posting or not :-)