Apple has started seeding 2.2 Beta 2 OS to developers, but before they can gain access to the update, developers must accept a new SDK Agreement that renegotiates the terms of the non-disclosure provision.
If developers don’t accept the terms of the Agreement by November 6th, 9 p.m. PST, then their access to the program portal will be denied.
The actual paragraph that refers to the NDA in the SDK Agreement stays the same, and does not allow disclosure with anyone outside your organization, but what changes is the definition of confidential – shown below:
You agree that any Apple pre-release software (including related documentation and materials) and any information disclosed by Apple to you in connection with Apple Events or Paid Content (defined below) will be considered and referred to as “Apple Confidential Information.
Apparently “pre-release software” only refers to iterations of the iPhone OS that have not yet hit the public, like the one released today (beta 2). Thus, let the (legal) collaboration begin!