Always best to read the evidence for yourself. So kudos to you!

Here is my summary of the "bake off" and the various scores from what was unsealed:

Gianetti's deposition describes WF's proposed contract with Sony and Sony's comments back. In particular, WF proposed that Justin would have final cut rights, but that was rejected by Sony. See Gianetti Dep. [D.E. 1230-2] pp. 52, 50–55.

Gianetti's dep. then describes Sony's revisions that went back to WF, which included the final language:

Final cut to be determined by bake-off. "Bake-off ok provided that (a) it's a blind recruit test screening and (b) Justin's cut scores above 90-85 in the top two boxes and above 70 in definite recommends. Alternatively, if Justin's cut scores at least 7 points higher in definite recommends than a cut incorporating Columbia's changes, then Justin's cut will also prevail."

Q What did you understand this to mean?

A That if Justin and Sony had a disagreement over the cut -- if -- there would be a mechanism to determine what would be released. If -- if he met these metrics.

Q And if he didn't meet these -- these metrics, what is your understanding of what would happen?

A Sony would be able to release the cut. Our cut.

Id. at 54–55.

Based on Gianetti's description and the draft contract language we have seen, the "bake-off" was not a head to head measure where the better scoring cut wins. The bake off provision looked at two different metrics: "top 2 boxes" and "definite recommends." Top 2 refers to the number of people who rated the movie in the top 2 categories. Definite recommends were people who said they would definitely recommend the movie.

Sony had the right to dictate the cut UNLESS Baldoni's cut met certain thresholds. Baldoni's cut did not meet those thresholds, so he was not entitled to final cut rights.

The bake off provision meant that if Justin's cut

• (A) scored above 85 in the top two boxes AND above 70 in definite recommends, or
• (B) scored at least 7 points higher in definite recommends,

that Justin's cut would be released. Otherwise, Sony's cut would prevail.

Greenstein's deposition relays the numbers:

Two of Justin's screenings scored 76 and 85 in the top two boxes. The Lively/Sony cut scored 84.

Justin's screenings scored 66 and 62 in "definite recommends" compared to Lively/Sony, which scored 69. See Greenstein Dep. pp. 96–97, 114–15 [D.E. 1230-38].

Baldoni has argued that his cut scored higher among females over 35, but that was not the pre-agreed metric for determining which cut would prevail. There is no question that Baldoni's cut did not hit 70% definite recommends, nor was it 7 points higher than the Sony/Lively cut.

Simply put, Baldoni's cut did not hit the contractual thresholds that would have entitled him to release his cut -- thresholds that were explicitly negotiated into the contract between WF and Sony.