-141- fully set forth in the section of the Appraisal styled ‘Limiting Conditions for the Appraisal.’” The appraisal report in the record, however, does not contain any section entitled “Limiting Conditions for the Appraisal.” Mr. Kutner’s $29 million valuation of the EBD film titles appears highly inflated. Indeed, that valuation greatly exceeds (by more than three times) the highest value ($9 million) that petitioner’s expert (Steven Wagner) arrived at in valuing the EBD film titles.99 Mr. Kutner’s valuation takes into account technologies (e.g., DVD) that the other experts in these cases opined were either not foreseen in 1996, were only latently observable at that time, or were no longer viable.100 In doing 99 We discuss the valuation conclusions of petitioner’s expert, Steven Wagner, in more detail infra. 100 For example, Mr. Kutner projected $1,320,000 in DVD revenue. Although DVD technology was predicted to emerge at some point after 1996, the success of that technology was not readily foreseen. For that reason, petitioner’s expert projected no revenue from DVD sales in his valuation. Mr. Kutner also projected $1,100,000 in royalty income from laserdisc sales. According to petitioner’s expert, laserdisc sales in 1996 were relatively insignificant, even though the technology had been around for a few years. Neither petitioner’s expert nor respondent’s expert (Richard Medress) took laserdisc sales into account. Mr. Kutner also projected $2,410,000 in royalty income from the revenue-sharing (Rentrak) model for the rental market. Under this model, video rental stores would pay a small fee up front to buy a rental film and would then share a portion of the rental fees with Rentrak. In 1996, however, the rental market still operated on a front-end sales model; i.e., video rental stores made a one-time payment up front (e.g., $59 per copy) to purchase copies of a film, which they could then rent an unlimited number of times. Neither petitioner’s expert nor (continued...)Page: Previous 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Next
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