Yes, I have stated that I understand it is legally a no-no because they are violating the terms under which they have access to that documentation. But ethically, I think it is a lot less clear cut, because it allows CSC/DXC to hold their platform hostage and not really have to try for re-competes because they know that they can try their luck in court. They gave TCS access to the documentation, is it really a good use of the American justice system to enforce what they do with it? Is it a matter of ethical concern? I don't think so.

This is why enterprise IT is a mess. Every time you need to do anything, you have to triple check that you aren't violating some clause buried in some obscure legal agreement that you probably don't have access to. Or else, you could cost your firm a quarter billion dollars or more. So you end up with reams of dead software that is unusable by design since it is being held hostage by various different commercial interests. I understand that is just the world we live in when millions of dollars are involved, but we can do better.

On the other hand I get the concern: you would want some legally enforceable agreement with TCS that they won't steal confidential information you share with them in good faith to steal business. Nor go and hire a bunch of staff to poach your contract. But documentation of the software that Transamerica paid for is secret, are you kidding me? They would have been fine, legally, if they got the materials directly from Transamerica. Because they got it from someone who merely used to work there, it is a quarter of a billion dollar mistake. Seems like a pretty narrow difference to me, hardly some kind of grand ethical quandary.