-204- gaps; for instance, he fails to explain certain important assumptions and conclusions. Mr. Medress’ methodology appears highly subjective. On the other hand, Mr. Wagner’s methodology offers an objective basis for estimating the initial gross units shipped for the EBD film titles; however, his income projections are highly overstated. Importantly, Mr. Wagner did not account for any previous distribution of the EBD film titles. Despite our misgivings about Mr. Medress’ methodology, we are persuaded that his income projections for the EBD film titles are more realistic than Mr. Wagner’s highly overstated projections. If we were relying solely on the expert opinions, we would conclude that the EBD film rights had a value as of December 11, 1996, which did not exceed the value Mr. Medress determined in his scenario 2; i.e., $1.5 million. Nonetheless, we find that certain additional factors, which the experts did not consider, indicate a much lower value. In making their respective valuations, both experts were hampered by the lack, or inconsistency, of information relating to the EBD film titles. Neither expert inspected the physical materials for the EBD film titles. Neither expert considered whether the existing physical materials were capable of reproduction. Neither expert considered the impact of chain-of- title and copyright issues relating to the EBD film titles. The record demonstrates, however, that there were significant gaps inPage: Previous 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 Next
Last modified: May 25, 2011