-195-
before or shortly after December 11, 1996. The Troy & Gould
memorandum indicates that the distribution rights to the film
title “Danger Zone” were set to expire on or about January 26,
1997; that the distribution rights to the film titles “Bombay
Talkie”, “Courtesans of Bombay”, “Hullabaloo over Georgia”, and
“Shakespeare Wallah” were set to expire on or before October 24,
1996; that the distribution rights to the film title “Hunter’s
Blood” were set to expire on or about June 3, 1997; that the
distribution rights to the film title “Mother & Daughter: Loving
War” were set to expire no later than March 31, 1997; that the
distribution rights to the film title “Octavia” were set to
expire on or about March 7, 1996; and that the distribution
rights to the film title “Sticks and Stones” were set to expire
on or about January 12, 1995.145 In the Court’s view, a
hypothetical willing buyer would not pay for rights that were
expired or expiring. Since this information was reasonably
discoverable as of December 11, 1996, we exclude the film titles
that Mr. Medress identified from our valuation of the EBD film
library.146
145 This information from Troy & Gould is consistent with
John Peters’s testimony that, on the instructions of CDR or EBD,
he selected film titles with rights that were expired or
expiring.
146 Petitioner contends that even if the rights to some of
the EBD film titles “expired within two years after the
transaction, there would still be some value to those rights on
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