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I'm not sure about that. Yes, they have to deliver the source to the beta tester, and the beta tester is not an employee, but you might be able to limit redistribution... just a little.
If you force people to sign an NDA before they receive the binary or source, then you can take legal action against the person if they redistribute the code.
However... I would think that if the person redistributes, the cat is out of the bag. They can't do anything but gouge the leak for damages. The code is out there and free.
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