It seems to me that Habryka would not have valued the information highly enough to agree to the confidentiality terms as a condition of receiving it, based on his top level comment.
(tbh, “Don’t use this information against the interests of one of your adversaries” is something I’ve taken as a condition of information in the past, but have generally negotiated pretty carefully ahead of time and have only accepted as a retroactive condition twice, and both times only for good friends that I had an ongoing high-trust relationship with (and even then there were exceptions in the policy that I decided on). Generally the furthest I’m willing to go is “don’t use this information against my own interests”)
A question I have for OP is: “in the spirit of planecrash-style lawfulness, did you offer to compensate him for agreeing to your terms after the fact? That intuitively feels like the next step after receiving a response of ‘no deal’”
A pair of questions I have for habryka is “approximately what price would you have quoted for the retrocommitment?” and “are you generally willing to retrocommit in cases where the proposed terms are less onerous or you are offered compensation?”
It seems to me that Habryka would not have valued the information highly enough to agree to the confidentiality terms as a condition of receiving it, based on his top level comment.
(tbh, “Don’t use this information against the interests of one of your adversaries” is something I’ve taken as a condition of information in the past, but have generally negotiated pretty carefully ahead of time and have only accepted as a retroactive condition twice, and both times only for good friends that I had an ongoing high-trust relationship with (and even then there were exceptions in the policy that I decided on). Generally the furthest I’m willing to go is “don’t use this information against my own interests”)
A question I have for OP is: “in the spirit of planecrash-style lawfulness, did you offer to compensate him for agreeing to your terms after the fact? That intuitively feels like the next step after receiving a response of ‘no deal’”
A pair of questions I have for habryka is “approximately what price would you have quoted for the retrocommitment?” and “are you generally willing to retrocommit in cases where the proposed terms are less onerous or you are offered compensation?”