1. The well tempered clavier was written and diseminated without the expectation of copyright protection. The first copyrighted edition of the well tempered clavier came about 200 years after its composition. You would not seriously contend that the motivation of a Tony Newman or the likes of him of making a new edition lies remotely in the financial incentives copyright creates.
2. OC is largely unknown outside of select circles. Cheaper disemination of the available sources would serve this music rather than discourage further effort in learning it and enjoing it. When Powell records it, I believe this music will have the type of resurgence that the Godowsky Studies achieved with Hamelin's recording. (Mr. Powell, please don't be so picky, record it now so we get a taste of it and you can record it again if you get to a point when your inner Dinu Lipatti is finaly satisfied). Along the same lines, disemination of the score at cost of distribution (which in pdf format is virtually 0) would be a very nice thing indeed. Alistair, every now and then you guys should at least talk about what would happen if you just posted the work on your website.
3. Hopefully someone is working on a clean edition of the work (Powell sounds like a good candidate to partake in the effort). Once that is done, I would be surprised if the free disemination of the "working copy" would not act as a marketing anchor for the good edition. After all, who would not prefer to replace their clumsy printed out copy o fthe working copy with the neat and clean and easy to read paperback edition of it? (A note here: less is more, use typeset like Henle's, with the big notes and lots of space so the music is not cramed like in an old Breitkopf book).
Think of it as Internet Explorer. It is given for free for a reason.
Cheers,
H