Its all legal! If I beat your mark and follow your trail till the last second and than get stuck ABOVE your mark, Well, I guess I am better and higher up than you! BTW, I wont need to cheat with my new XP bad azz sled anyway. C-yah sukahs!
Well, if you follow someone's trail how does that make you a better rider when you can't even pick your own line?
I guess if your sled doesn't have enough power to put up the highmark, poaching is your only option.
Or you could run your own line and admit that a better rider and/or better sled beat you and walk away with some dignity. Your choice.