I feel you're putting your case a little strongly.
Re. the Ouzo, well it's very easy to forget looking behind - I remember someone refusing to do so when we said " there's a submarine coming up behind us ! " - he thought we were joking...but I'd think the onus is on the ship to look forwards, and the law court seems to have had the same opinion; also radar is not the magic answer beloved by Hollywood.
I've done a few tens of thousands of miles under sail myself, during which I've seen ships in the Channel go by with no-one on the bridge at all - open doors flapping each side...
I do go by 'might is right' and take early avoiding action; the trick is to make one's course and intentions very clear, just in case someone on the ship in question is remotely interested !