A kitesurfer is almost always downwind therefore windsurfers should give way at all times.
Port, starboard, or Up?
Speaking of Pelican Point, I remember kiting there once where I had a windsurfer on my tail, another one coming at me head on, and it wasn't clear who was quite upwind of who. I decided to let the windsurfers work it out and just boosted a couple of mast heights out of the way vertically... 
upwind and downwind has nothing to do with it for 2 crafts sailing on opposite tacks - can't believe it's even brought up. surely this was in jest ????
a lawyer at my (yacht) club was saying the ROW rules would be used should a collision get to court, outside of a regatta situation.
Seems to be dragging on this one.
When the wind comes in from your port side , you have no rights . You must give way
Good night 
Common sense won't work, and the analogy of people walking the street don't apply either. (with due respect, etc.)
For instance there are a lot of people out there that haven't been taught the basic rules (obviously from this thread and many others). Many think that the water is for them, and others will move out of the way, regardless of tacks.
My sailboat weighs 3 tons, and it's a small one. It don't turn nor stops just like that.
A windsurfer goes 20-25 km/h very min. in strong winds, and in crowded waterways with unpredictable people who refuse to obey courtesy rules, then you have to make a choice: keep the upwind when SB, & prepare for the worst - a last minute change. Or yield all the time and reinforce the message that they are the center of the universe indeed.
, port/starboard, upwind/downwind are the only ones I can think of that really affect us. Every one else on the water has to show some basic understanding of them no matter what they're on.
. When you're facing forwards in the direction of travel if the wind is coming from the left you're on port, wind coming from the right you're on starboard, regardless of the fact you may be riding heelside on a twintip.
What Nebs said too, use common sense when youre out there and take the initiative to avoid a collision if you see one coming rather than relying on others, pick your path early and play nice, I haven't met a person yet that collided with another on purpose out there
shoulda said pass to port. its the same rule for sailing as skydiving.
