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Template:Derived information: Difference between revisions
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==={{confiprov|Derived information}}=== | ==={{confiprov|Derived information}}=== | ||
{{confiprov|Derived information}}, the fecund fruits of the {{confiprov|receiver}}’s own creative juice and analytical energy, is in no sense [[proprietary]] to the {{confiprov|disclosing party}}<ref>If the {{confiprov|disclosed information}} ever was [[proprietary]] in the first place, that is — if it doesn’t qualify as [[intellectual property]] it isn’t, or course.</ref>, and may indeed be as commercially sensitive to the {{confiprov|receiving party}} as the material the disclosing party gave, and on which it was based, it in the first place | {{confiprov|Derived information}}, the fecund fruits of the {{confiprov|receiver}}’s own creative juice and analytical energy, worked upon information given to the {{confiprov|receiver}} by the {{confiprov|discloser}}, is in no sense “[[proprietary]]” to the {{confiprov|disclosing party}}<ref>If the {{confiprov|disclosed information}} ever was [[proprietary]] in the first place, that is — if it doesn’t qualify as [[intellectual property]] it isn’t, or course.</ref>, and may indeed be as commercially sensitive to the {{confiprov|receiving party}} as the material the disclosing party gave, and on which it was based, it in the first place: think of Paul’s middle eight about having a shave and catching the bus in ''A Day in the Life''. We are in danger of getting into the [[jurisprudence|jurisprudential]] wisdom of treating intellectual endeavour as if it were tangible [[property]] — but let’s not go there just now.<ref>Those who can’t resist the siren call, start with [[Lawrence Lessig]]’s fabulous {{br|Code: Version 2.0}}.</ref> | ||
Ok, let’s go there. If the {{confiprov|information}} in question not, in the first place, ''mine'' — that is to say, it isn’t [[intellectual property]] in the first place, then the question arises why I should be able to stop you deriving your own intellectual property out of it. This boils down to whether it was secret or can be somehow configured as proprietary. If you would not have had the data any other way, then I am giving up something by letting you have it. It might not be proprietary, but it is secret. | |||