Jones v McIntyre

http://blogs.nature.com/climatefeedback/2009/08/
Why does McIntyre want the data?
...But McIntyre insists hat he’s not interested in challenging the science of climate change, or in nit-picking; rather he is simply asking that the “data be made available”.

...He’s especially aggrieved by the fact that hurricane expert Peter Webster at Georgia Tech University was recently provided with data that had been refused to him. McIntyre’s point here is that he should be treated as a legitimate academic given his background and publication record

But Webster points out that he was allowed access because of the nature of his request, which was very specific and will result in a joint publication with Phil Jones. “Reasonable requests should be fulfilled because making data available advances science”, says Webster, “but it has to be an authentic request because otherwise you’d be swamped".

Once the data become publicly available, Jones wants McIntyre to produce a global temperature record. “Science advances that way. He might then realize how robust the global temperature record is”, says Jones. Asked if he would take on the challenge, McIntyre said that it’s not a priority for him, but added “if someone wanted to hire me, I’d do it”.

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So McIntyre does not want the data he just wants others unamed to have the data.
Webster got the data because it will result in a joint Jones Webster publication.
seems different conditions to me