44. In a 15-knot breeze, Jibberish (windward) and Ditch Dervish (leeward) have been sailing side by side all down the run of a buoys-to-port course. Both are now approaching the leeward mark on port tack. About 4-5 lengths from the mark (left), Jibberish reminds Ditch Dervish that she has an overlap and will need mark-room. 
But then, DD catches a wave and surfs ahead (left). DD yells that the overlap was broken 3½ lengths from the mark. Jibberish says “No way!” because DD’s bow had already reached the Zone when the overlap was broken. Jibberish catches up on the next wave and there is slight side-to-side contact as Jibberish squeezes inside DD at the mark. Both protest. 
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Who should win this protest (in the absence of reliable witnesses)?
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ruling
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