Yes, DiapDealer is 100% correct. That is a valid xhtml comment. Never heard of ePubtidy but it is a bug if they say xhtml comments are incorrect.
Is ePubtidy a derivative of the old html tidy (the one that Sigil used in Sigil 0.7.X timeframe and dropped because it "tidied" too much and code was lost)?
If the gumbo gets too confused it may covert tags to text but I have never actually seen it create a comment. Either way it should never completely actually lose anything. That is why we moved to gumbo (a self-correcting parser) over tidy. Also html tidy was not html5 capable at the time either.
Please file a bug report with ePubtidy's devs so that they can get that fixed.
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