On Thu, May 21, 2009 at 11:23 AM, Kerim Aydin <ke...@u.washington.edu> wrote: > If two players agree privately to a document that includes a clause > "this is a public contract" (with the honest intent of publishing it > afterwards), do you have a private contract which later becomes > public, or no contract (until it is published)? -G.
Under the current Disclosure rules, it looks like you can create a public contract without ever publishing it; if a contract says its Disclosure switch is Public then it is, even if the contract has never been published. Or does creating a contract as Public count as "flipping" the switch, thus making it impossible by R2178? Personally I think creating a switch in a certain position probably isn't the same as creating it in the default position and flipping it, but there's no precedent here.
