As a logical middle ground, companies can (and do) release source code for review under NDA without becoming "open source" (Usually to government / military cli

As a logical middle ground, companies can (and do) release source code for review under NDA without becoming "open source" (Usually to government / military clients where access to the source code is a requirement for the contract. See https://en.wikipedia.org/wiki/Shared_source#Microsoft_Government_Security_Program https://en.wikipedia.org/wiki/Shared_source#Microsoft_Govern... for an example). This would hopefully be acceptable for all parties concerned where courts are involved.