I would say that the person heading out through the swell has right of way however number one rule is to avoid all collisions...
Windsurfer on starboard tack, plus heading out, so he has right-of-way twice (?)
Anyway, ouch!
Clearly the windsurfer has Right of Way but an interesting social experiment would be to post that same video in the kite forum.
Go on, i dare ya.
Is that a kiter, no bar no lines, looks like maybe a rouge surfer being towed?
As for right of way, well i guess its debatable. The guy on a wave or the windsurfer could both put logical arguments forward.
The best question is how could this have been avoided........ probably the bloke on the surfboard using his head. Clearly he is a twat.
EDIT....No its a kiter. why am i unsurprised 
I thought whoever is on the wave has right of way. However from this video the surfer made no attempt to avoid a collision.
What a numbnuts...someone ought to slap that fool...
Hmm, here's an interesting question: What do you guys think of kiters?
if that is a surfer who has managed to ride a wave that far out he technically has right of way. If it's a kiter or a guy being towed then the windsurfer has right of way because he is on starboard tack. The wave rules only aply in waves though not on the swell out back!!!
Having said that, I find a lot of windsurfers (between themselves) don't obey the ROW rule either. Including amongst experienced ones sometimes. They always want to take the uptack when meeting head on on a reach.
Someone tell me - what are the rules?
I've only ever surfed in the surf, in which case whoever is on the wave (first) has right of way. I'm guessing this developed because you will get hurt if they hit you paddling out so get out of way, plus it really sucks to have to muck your line on the wave up to avoid someone. Of course if on the wave you are going to avoid hitting someone paddling out if really required.
So I'd assume that whoever is on the wave has right of way, except in exceptional or dangerous circumstances where common courtesy takes over.
That kiter is not on the wave, is on port tack so does not have right of way.
However... at 3 seconds it appears the windsurfer actually lines him up. He should have turned right/starboard/windward, or even just kept his line. Maybe there is more to it? Maybe it was just a bad, split second decision.
Anyway, he has excellent taste in sails so I hope the kiter was somehow hurt more, although it doesn't appear that way.
I still dont know who has right of way, I dont get how to tell what stabord nor port, all I do when heading towards some one is make sure I have plenty of time to not be in the way, I am average at best and enjoy a blast but I try my hardest not to get in the way, what I have found that at my local when I could get there, was the guys all have an understanding of how good we each are and they all make way with out trouble.
I know I should learn the ROW rule but faarrk me if it aint hard enough just having a good sail and trying to stay upright.
Please dont shoot me.
Cheers
Fkn kook kook koooooooookING kiterer is wave riding thus he should hv given right of way,,, by bottom turning around him,, and leting him pass . The Windsurfer was doing the right thing holding his line on the way out...... Plannng or not.
The windsufer did the right thing by holding his line.
Kook kitter went right in front of him..........tosser no idea
Lucky the kiter wasnt killed had the windsurf board gorn into his rib cage......
Mind you the windsurfer looks like he got sliced up by the fk strings and poxi snow ski razor rails of the board.
I would have been spewing and gorn straight to the beach..............
AND LET SOME AIR OUT........... 
[}:)]
I THINK I jUST LET SOME OUT THEN
ok here is what i understand it with windsurfers etc.
In Waves the Person heading out has right of way. if you are on a wave you have to give way to the people coming out if the situation comes down to it.
If two people are heading on a straight course in opposite direction
Starboard tack has right of way. ie right hand forward.
If two people are heading in the same direction
downwind has right of way,
If you change your course you immediately must give way.. ie a gybing sailor doesnt have right of way.
overtaking sailor must give way.
any objections???
If they were both boats then the rules should apply, but if one is a flying machine shouldn't it always give way to water craft. Sort of like power gives way to sail.
my 2 cents is its a classic port and starboard incident the sailboard was in the right and had no where to go, down wind included as the strings would of taken him out as well.
so called 'wave law' would have no bearing on the matter.
This right of way argument comes up constantly.
I think the general rule in the surf is to give way to those sailing out.
However,some say that rider on a wave has right of way.
The best thing is to not force what YOU believe to be the right of way, the other rider,windsurfer or kiter may have a different idea....or no idea !
The crash looks like a big misjudgement on both parts.
But seriously, the important thing is .......the windsurfer goes down in a screaming heap,while the kitesurfer comes out of that encounter still upright and planing !!!
Laurie has posted the same thread on the Kiting forum
www.seabreeze.com.au/forums/topic.asp?TOPIC_ID=37922
being a surfer for more than 30 years, the person on or going for the wave has right of way - if this is a surf break, has a designated wave and he is attempting to catch or ride the wave.
Look at how the windsurfers handle the situation at Margaret River - they have it nailed and its a system that should be used everywhere.
now that I kite and understand what a kiter can see and also a windsurfer can see if these guys are competant it shouldnt be a question of who gives way as it should never get to that point. From what I can gather this is at the Nissan wavemaster which is a competition??? Which goes further to the point that these guys should have known better - or one or both of them therefore had no idea what they were doing and the other should have taken some form of evasive action???
I agree 100% with Mark, unless it's hard or dangerous to get out, the guy going out does his best not to stuff up a good wave ride.
As far as right of way to riding a wave, there are 3 conflicting rules that operate at different spots, and it may have something to do with the amount of wind.
1/ first on the wave has right of way.
2/ first inline on the queue/stack has right of way.
3/ furthest inside has right of way.
This is all very confusing, and you'll find different opinions and practices were ever you go.
But at Margaret river the stack/queue method seems to be the one the locals use and expect others to follow.
ok here is another question who would be in the right if the matter went to court?
any lawyers out there?
(most places in WA, especially lano)...when ur heading out,, bear off and take the deep channel route IF there is oncoming waverider traffic....don't be a show jumping pony or a wave sneak.........everyone will get on famously....wont happen though ha ha.
And of course there is number 4 that I forgot about.
Top riders get right of way regardless, at least that's the way some top riders act when they come down here.
