"3)When Wencor met e.Digital."

e.Digital did not meet Wencor. Bill was selling without concern for e.Digital. With the Oct Agreement,  APS and e.Digital were bound.

Thing is, if DigEcor insist that the April agreement is still in effect, then the  opening statement of Bill on that April NDA is in effect,  and, IMO, should be detrimental to his personal defense. He acted in person for the well fair of APS, with personal intent in mind, he gained personally from a later transaction under false pretence with regard to APS best well fair.....personally short changed or not.

e.Digital just got caught on the short end of the stick, with Bills negligent for the company he was in charge of.

 This statement signifies that e.Digital was caught off guard.

"39. In July 2004, e.Digital negotiated with digEcor regarding the appropriate split of “maintenance fees” and “cost of key parts used in the repair of the digEplayers,” which negotiations were confirmed in an email from e.Digital to digEcor dated July 19, 2004, concluding with an invitation from e.Digital that “if your team is in agreement with this maintenance structure, we’ll draft up a simple letter agreement.”

40. digEcor never responded with their indication of agreement or disagreement with the terms reached in these prior negotiations."

Bill was making his deal, then made public Aug 20, 2004 with the agreement of distribution.  He then sold his holdings in APS,  Oct 2004....and IMO...he breached the conditions of item J to do it.

Bill needs to be put to the test, for the real intended structure of the April NDA....I say it's not as he says in his recorded comments.

doni