So with that kind of thinking you would fly an airliner right into a hot air ballon! That is not right of way is about. If the airliner sees the ballon in time he must give right of way to the ballon and small aircraft. This was a case of see and avoid where it was a last minute thing and the helicopter and model aircraft did the right thing. However the helicopter then obviously thought he had the right of way and flew in a swarm of model aircraft. Obviously when below 500 feet one does not have right of way over anything. If he flew 5 feet over the deck did he have right of way over a tractor?