Seems the entire discussion boils down to what should or should not be allowed to be sold. In a standard market one assumption and prerequisite for selling something is a legitimate ownership right.
Did Hansen establish some ownership right the blackmailer enjoyed? Did anyone establish any ownership rights at all?
In the case of the NDA bit that seems like a completely difference class than the case of blackmail. There seems to be a serious asymmetry between the “pay me to keep my mouth shut about your information” and that of “I will share this information with you but you must not disclose—and I will even provide some compensation to add the incentive for nondisclosure beyond the pure contractual obligation and stated remedy”.
Seems the entire discussion boils down to what should or should not be allowed to be sold. In a standard market one assumption and prerequisite for selling something is a legitimate ownership right.
Did Hansen establish some ownership right the blackmailer enjoyed? Did anyone establish any ownership rights at all?
In the case of the NDA bit that seems like a completely difference class than the case of blackmail. There seems to be a serious asymmetry between the “pay me to keep my mouth shut about your information” and that of “I will share this information with you but you must not disclose—and I will even provide some compensation to add the incentive for nondisclosure beyond the pure contractual obligation and stated remedy”.