Just because you have the right of way doesn't mean the correct thing to do is to remain in the lane. If remaining in your lane is likely to make someone else do something reckless, you should have been proactive. Not legally, for the sake of being a good driver.
Can you point to some online documentation that recommends changing lanes in preference to speeding up when a person is merging at too slow a speed? What I'm doing is following CHP guidance in this post: https://www.facebook.com/chpmarin/posts/lets-talk-about-merg... """Finally, if you are the vehicle already traveling in the slow lane, show some common courtesy and do what you can to create a space for the person by slowing down a bit or speeding up if it is safer. """
(you probably misinterpreted what I said. I do sometimes change lanes, even well in advance of a merge I know is prone to problems, if that's the safest and most convenient. What I am saying is the guidance I have read indicates that staying in the same lane is generally safer than changing lanes, and speeding up into an empty space is better for everybody than slowing down, especially because many people who are merging will keep slowing down more and more when the highway driver slows for them)
