Okay, then imagine you overhear at a bar. Yes “anyone could have” theoretically, but not actually. In either case, you have material non-public information that your counterparty in the market does not.
you got that piece of non public information was not because you are an insider. As long as the bar is not exclusive to insider, i don't see any difference
you got that piece of non public information was not because you are an insider. As long as the bar is not exclusive to insider, i don't see any difference