Simple question. I have come upon information that gives me an irrefutable giant edge because no one else has it.
More information is needed to come to a conclusion here. In some cases you could be considered trading with inside information and sometimes you wouldn't be.
Or because those others who have it are precluded from trading on it. I came upon this information without breaking any laws. (It may or may not be by accident. You tell me if that matters.) I am not an "insider". But the guy who is taking the other side of my trade has cost himself money because of my willingness to trade on my knowledge. Is this illegal or not? This thread doesn't end until everybody agrees.
Different story now. (The way you worded this, it sounds like two different scenarios) 90% of the time this would make you an insider. The other 10% is that legal gray area that you really would want to avoid.