In my layperson’s opinion, to win this case HBO would actually have to pinpoint the exact moment they believe the contract was fulfilled. It’s obviously absurd to claim it has been completely fulfilled right after they aired the concert, because then the non-disparagement clause would have been entirely meaningless. So, when exactly did the clause expire, and why? That’s the question they will have to answer, and I don’t think there’s a reasonable answer to that.
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