So, what you’re trying to say is:
1 - the DOJ is wrong
2 - WTC should not have ponied up $3 mil
3 - the option to buy a Kona slot is valueless despite the fact that 15,000+ people per year spend $50 or more for a chance to have that option?
Yes.
You’re going to have a hard time winning the argument in court that the option to buy for $850 something which auctions for $60,000 is valueless.