The following is the full text of UnitedLinux member Conectiva's "Open Letter Response to the Free Software Foundation and the Open Source Community" about some of the questions raised in this NewsForge article and many others published elsewhere about UnitedLinux's closed Beta release and whether or not it violates the GPL.
As an active contributing member of the Open Source community, Conectiva has always welcomed any opinions on how the community can improve its work together.
With regard to the closed beta, we consider this a natural part of UnitedLinux internal development, with an open beta, available to all in the very near future. Regardless, it is the position of Conectiva that we have acted in compliance with the GPL in running our closed beta tests. To put any doubts of this to rest, we offer the following excerpt from the NDA used in our closed beta program.
In return for disclosing the information to the Counterparty, the Counterparty agrees to retain such information in confidence and not to publish, make available or otherwise disclose any
part or portion of such information to any third party except with the prior express written consent of an authorized representative of Conectiva S.A., unless such information can be shown by documentary evidence to be in the public domain.
As such, a counterparty has the right to refer to the GPL and freely redistribute any GPL copyrighted code. Further, the beta software itself makes numerous references to the GPL; and was distributed with both the binaries and the source.
We thank everyone for their interest in UnitedLinux, as well as continued feedback.
To download a copy of the NDA used for the Companies of UnitedLinux closed beta program please click here