as found here
Date: Wed, 18 Sep 2002 13:34:00 -0400
From: "Bradley M. Kuhn" <firstname.lastname@example.org>
Subject: Follow up request for terms of the NDA
[ An open letter to the UnitedLinux Board of Managers from the Free Software Foundation ]
Dear UnitedLinux Board of Managers,
On the conference call announcement that occurred on 18 September 2002, you indicated that you'd be willing to release to the Free Software community the terms that of your "closed beta" NDA, to show that your closed beta was indeed distributed in compliance with the terms of the GNU General Public License and the GNU Lesser General Public License.
As you know, distribution of any type is still distribution under copyright law, and thus requires that you properly comply with terms of GPL and LGPL. Of course, it is your prerogative to distribute only to those parties you wish to receive a copy, but you may not restrict those parties' rights under GNU GPL and LGPL.
However, since nearly all of the volunteers from the Free Software community (your fellow developers) did not receive a copy of the so-called "closed beta", we ask that in a show of good faith, you make available at least the terms of distribution you used for that product.
Even as you release your new product to the public, the past situation must be clarified. Not only does the community deserve to know, but I also believe it behooves you to put to rest and clarify the legal ambiguities that arise naturally from doing a "closed beta" of GPL'ed software.
I look forward to your prompt response, and thank you for taking my question today. I presume that you are acting in full compliance with GPL; this is just a matter of clarifing that fact for the community.
Bradley M. Kuhn
Executive Director, Free Software Foundation