Reputational damages, release of copyrighted material, violation of intellectual property, etc. Law isn't a neat logic puzzle.
Per the Copyright Office[1]:
A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For example, a work is fixed when you write it down or record it.