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For example, a prospectus, composed not six months ago and at great cost by learned counsel; undoubtedly a work of a creative effort, if not style or imagination. This tract attracts automatic copyright protection.<ref>Pedants: can we agree, for the sake of argument, that even if enforcement of copyright is not insisted upon, its waiver was not so definitive as to put it “in the public domain”?</ref> Yet it has been published, for all the world to see — with that express intent, in fact — and is in no sense secret. | For example, a prospectus, composed not six months ago and at great cost by learned counsel; undoubtedly a work of a creative effort, if not style or imagination. This tract attracts automatic copyright protection.<ref>Pedants: can we agree, for the sake of argument, that even if enforcement of copyright is not insisted upon, its waiver was not so definitive as to put it “in the public domain”?</ref> Yet it has been published, for all the world to see — with that express intent, in fact — and is in no sense secret. | ||
Thus, according to the narrow reading of “public domain”, under [[OneNDA]], disclosure of this prospectus would still be impressed with the obligation of confidence. The rest of the world | Thus, according to the narrow reading of “public domain”, under [[OneNDA]], disclosure of this prospectus would still be impressed with the obligation of confidence. The rest of the world might know it, and share it but, having received it under this [[OneNDA]], I may not. | ||
A few observations. | A few observations. | ||