5月14日，SCO 副总裁 Chris Sontag 提议展示 SCO针对 Linux 侵权指控的证据，但需要签署一份保密协议，并由一个独立的专家小组进行评估。SCO 已经发布了该协议的文本，我们将其包含在下方。

Dan Ravicher，一位 在 Patterson, Belknap, Webb & Tyler 律师事务所专门从事自由软件和开源问题的律师，在一次采访中表示，这份保密协议存在三个关键问题。首先，Ravicher 说，“SCO 可以挑选并选择其所有证据中的一部分”，仅展示那些支持公司主张的部分。 “他们同意让你看到他们想让你看到的那一半画面”，他补充说。

其次，该保密协议不排除接收方通过其他途径获得的信息。如果 SCO 向受保密协议约束的某人展示一项专利或其他公共文件，即使该人此前已经知道该文件，也不允许讨论该文件，Ravicher 说。“保密信息的定义比我在任何其他协议中看到的都要大”，Ravicher 说。“它涵盖了很多按照教科书的定义，不应该被认为是保密的东西。”

最后，该保密协议要求任何争议都在犹他州解决，这对州外的人来说可能“非常繁重”。“他们可以起诉我，让我去犹他州证明我没有泄露保密信息”，Ravicher 说。

Ravicher 的采访不构成法律建议，任何考虑签署保密协议的人都应咨询自己的法律顾问。

“如果有人想不顾这些不利之处而参与其中，那也是自由的”，Ravicher 说。“我不是说有人应该或不应该这样做，但你应该意识到这些事情。”

Chris DiBona，前 Slashdot 编辑和 Damage Studios 联合创始人， Linus Torvalds 推荐他加入该小组，他说他不认为任何积极参与内核开发或计划为自由软件项目做出贡献的人都应该签署该保密协议。 但他说他想知道是否有其他软件专家有兴趣参与。 以下是这个人应该具备的资格：

如果您符合这些资格并有兴趣参与，您可以联系 [Linux Journal]，我们会让您与 SCO 的相关人员联系。

[Linux Journal] 出版商 Phil Hughes 已指示 Linux Journal 的员工不要接受该保密协议，因为担心它可能会干扰该出版物的正常工作，其中可能涉及阅读和发布 Linux 内核代码。

以下文本是我们于 2003 年 6 月 4 日星期三从 SCO 收到的 NDA 版本：

          Confidentiality and Nondisclosure Agreement
      This  Confidentiality and Nondisclosure Agreement is  dated
June ____, 2003 and is by and between the following Parties:
          SCO:      The SCO Group, Inc.
                    355 South 520 West
                    Lindon, Utah 84042
          RECIPIENT:     ______________________________
                    ______________________________
                    ______________________________
      WHEREAS,  The  SCO  Group, Inc. ("SCO")  possesses  certain
Confidential  Information,  including  source  code   and   other
proprietary information, and
      WHEREAS,  RECIPIENT  desires  to  review  the  Confidential
Information,  and thereafter to generally summarize  portions  of
the  Confidential Information without revealing the  confidential
source  code  itself,  or  its design methods  and  concepts,  or
specific comparisons of code;
      NOW THEREFORE, IN CONSIDERATION of the mutual promises  and
agreements   made   herein,   and   other   good   and   valuable
consideration,
THE PARTIES agree as follows:
      1.    Disclosure  of  Confidential Information.   RECIPIENT
desires  that  SCO  disclose  to RECIPIENT  certain  Confidential
Information  relating to SCO's Unixware and SCOsource  businesses
and  certain  statements  SCO has made publicly  regarding  SCO's
property  relative  to  the  Linux operating  system.   RECIPIENT
acknowledges  that it will receive access only to  a  portion  of
information relevant to these issues.
      2.    Purpose.   RECIPIENT warrants that  the  Confidential
Information disclosed by SCO to RECIPIENT shall only be used  for
the  purposes of (a) evaluating SCO's public statements regarding
its  UNIX source code and attendant rights and the ways in  which
those UNIX rights affect one or more distributions of Linux,  and
(b)  evaluating  whether  RECIPIENT's or  other's  use  of  Linux
violates  any of SCO's UNIX-related source code or other  rights.
Following RECIPIENT's review of the Confidential Information,  it
may  publicly  offer its general opinion on and a general,  brief
summary  of  the Confidential Information it has seen.   However,
RECIPIENT  shall  not  divulge details or  specifics  as  to  any
Confidential  Information with respect to specific  source  code,
files,  derivative  works, modifications or  design  methods  and
concepts  it  has  seen,  nor shall it divulge  any  third  party
information  it  has  seen,  either  in  source  code,  products,
contracts or in other third party Confidential Information.
     3.   Definition of Confidential Information.  " Confidential
Information"  means  any  and  all  data,  technology,  research,
inventions,  intellectual  property,  trade  secrets,  know  how,
computer  programs,  source  code,  file  names,  file  trees  or
extensions,  works  of authorship, products, processes,  methods,
customer  names, plans, forecasts, prices, business  information,
financial information, and other information shown or relayed  by
SCO to RECIPIENT  on _______________________ [date].
      4.   Protections.  RECIPIENT shall not disclose or transfer
any  Confidential  Information to any  other  person  or  entity.
RECIPIENT shall not use Confidential Information except  for  the
purpose  and by the methods described in Paragraph 2.   RECIPIENT
shall  use  its  best efforts to ensure against  any  disclosure,
transfer  or  use  of Confidential Information  not  specifically
authorized by SCO in writing.
      5.    Employees.   Access  to Confidential  Information  by
RECIPIENT's employees shall be limited by RECIPIENT to  employees
having  a  specific need to know.  RECIPIENT shall be responsible
for its employees and their compliance with this Agreement.
     6.   No License.  SCO is not obligated to grant to RECIPIENT
any  license or right under any patent, trade secret,  copyright,
trademark or other intellectual property right of SCO.
     7.   No Obligation to Disclose.  SCO has no obligation under
this   Agreement  to  disclose  to  RECIPIENT  any   Confidential
Information which SCO elects to withhold.
      8.    Injunctive Relief.  It is understood and agreed  that
damages  are  an inadequate remedy in the event of  a  breach  or
intended or threatened breach by RECIPIENT of this Agreement  and
that  any  such  breach by RECIPIENT will cause  SCO  irreparable
injury  and damage; accordingly, RECIPIENT agrees that SCO  shall
be  entitled, without waiving any additional rights  or  remedies
(including monetary damages) otherwise available to SCO  at  law,
or  in  equity,  or  by  statute, to  preliminary  and  permanent
injunctive  relief  in  the event of  a  breach  or  intended  or
threatened breach by RECIPIENT.
      9.    Severability.   In  case  any  one  or  more  of  the
provisions contained herein shall, for any reason, be held to  be
invalid,   illegal,  or  unenforceable  in  any   respect,   such
invalidity, illegality or unenforceability shall not  affect  any
other  provisions of this Agreement, and this Agreement shall  be
construed   and   enforced  as  if  such  invalid,   illegal   or
unenforceable  provision(s)  had  never  been  contained  herein,
provided that such invalid, illegal or unenforceable provision(s)
shall  first  be curtailed, limited or eliminated to  the  extent
necessary    to    remove   such   invalidity,   illegality    or
unenforceability with respect to the applicable law as  it  shall
then be applied.
     10.  Final Agreement.  This Agreement constitutes the final,
complete  and  exclusive  agreement  between  SCO  and  RECIPIENT
concerning  the  subject matter of this Agreement and  supersedes
all    prior   agreements,   understandings,   negotiations   and
discussions,  written  or oral, between SCO  and  RECIPIENT  with
respect  thereto.  Any modification, recission  or  amendment  of
this  Agreement shall not be effective unless made in  a  writing
executed by SCO and RECIPIENT.
      11.  Waiver.  Any waiver of, or promise not to enforce, any
right  under  this  Agreement shall  not  be  enforceable  unless
evidenced by a writing signed by the Party making said waiver  or
promise.
     12.   Construction.  The headings in this Agreement are  for
the purpose of convenience only and shall not limit, enlarge,  or
affect  any of the covenants, terms, conditions or provisions  of
this  Agreement.  This Agreement represents the wording  selected
by  the  Parties to define their agreement and no rule of  strict
construction shall apply against either Party.
      13.  Governing Law, Jurisdiction and Attorney's Fees.  This
Agreement shall be governed and enforced in accordance  with  the
laws of the state of Utah, without regard to its conflict of laws
principles,  and  RECIPIENT  hereby  consents  to  the  exclusive
jurisdiction  and venue in courts (whether federal or  state)  in
the  state  of Utah.  RECIPIENT waives all defenses  of  lack  of
personal jurisdiction and forum non conveniens.  In any action to
enforce  any right or remedy under this Agreement or to interpret
any  provision  of this Agreement, the prevailing party  will  be
entitled  to  recover its reasonable attorney's fees,  costs  and
other expenses.
      14.   Authorization.  The persons signing  below  represent
that  they  are authorized to execute this Agreement for  and  on
behalf  of  the Party for whom they are signing and to bind  said
Party to the terms of this Agreement.
AGREED TO AND ACCEPTED BY:
("RECIPIENT")
                           Authorized                  Signature:
                               Name                      (print):
                                                           Title:
     The SCO Group, Inc.  ("SCO")
                           Authorized                  Signature:
                               Name                      (print):
                                                           Title:

Don Marti 是 Linux Journal 的主编。