George Rebane and The Union are both reporting that the deposition of Greg Diaz has been released...finally. The Union will be doing an extensive report tomorrow.
The deposition transcript is here.
What I found this interesting was on pages 38-39 of his deposition, Diaz denies knowing what "code" is in apparent effort to demonstrate that he did not know the type of access that he was giving to Aptitude Solutions.
In the video below (Diaz debate with Kathleen Smith in 2006), Diaz not only states that he knows what code is, but affirmatively states that as the VP of a national software firm he understands the significance of code and how a single line has significance.
See between 9:51-11:47
Diaz also conceded that he breached the contract twice. First, he admitted to authorizing the Aptitude access to the server housing AtPac's code. Second, he admitted to not telling AtPac of the breach. These two admissions show conclusively liability on Diaz for breach of contract. As for copyright and trade secrets, we will never know as the server to which Aptitude copied the software was scrubbed to a defense department standard. It is readily apparent, however, that the insurance carrier saw the potential for damages in excess of $1.9 million.
I look forward to The Union's in-depth coverage tomorrow.
No comments:
Post a Comment