This topic has been discussed before -and the rule is, if a sailboat has its motor on, sails up or not, it sails under motorboat rules. The reality is, a sailboat may have the motor running to warm it up (ie, in neutral) or to push the boat towards better wind. If the sails are up, they may be in a position where the boat can't maneuver without risking a jibe or just going through the pain of switching the sails to the other side. Common courtesy is to give the sailboat with sails up the right of way. If the pilot is taking advantage of that, they are in the wrong.
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