[Charles H. (The_r0nin)]

Actually, HiTechRedneck did a better job explaining it in his post in #29. Basically, Any knowledge you already have about a code or process is not exempted from the NDA. So as soon as you look, you can't use that code or process in the future, even if you knew about it beforehand. I don't know that the breadth of this kind of NDA has ever been tested. Some people are claiming that it would even affect different implementations of the viewed process. In any case, this was purposely done to keep people in the know from agreeing to view the "evidence."

[HamiltonJay]

Charles,

When push comes to shove nearly EVERY NON COMPETE CLAUSE is unenforceable... which effectively is what their NDA is by saying things like you can't work on similar code every if you look at this....

The only way anyone can enforce a non compete clause is if, and only if they compensate you to stay on the sidelines.

If I look say at SCO's TCP stack source code after signing their NDA then I can't work on TCP stacks anywhere... well that is patently unenforceable, courts have already ruled on such things. No company can prevent an individual from working or plying their trade in a manner or in a field they are trained to do. This section of the NDA effectively is a "non compete" and unless SCO can show they compensated you while you worked directly for them at rates far and above standard and customary for your services, or that they paid you lump sum or otherwise to sit on the sidelines, they cannot enforce such non compete nonsense.

Its purely intimidation, not legally enforceable.