On the other hand, however, it is quite clear that the federal policy on dissemination of information co-exists with concepts about the ability of parties to make confidential disclosures and deal with information that is to be kept secret. See Computer Assoc. On these issues, Article 2B does not alter the relevant policy equation. By analogy, some case law supports the view that, in some situations involving mass distribution of the information in a generally unrestricted form, such a contractual provision would be unenforceable. On the other hand, in other situations, modern law clearly allows the creation of enforceable contract restrictions on the ability of a recipient to reproduce or publicly redistribute confidential information.
Contracts already control most distribution of information.
In most cases and with respect to most issues, contracts control as the method by which parties obtain value from information. Indeed, contracts are essential to use one's own property, even when the property is tangible, let alone when it is intangible. A contract defines rights between parties to the contract , while a property right creates rights against all the world . They are not equivalent.