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" The attorney for the grantee contends that the film was educational , a characterization given it in the procurement contract . Well , the job was not easy , but it is easier than it would be today , because today there is thousands and thousands of lawsuits . After viewing the film ourselves , and based on the viewing audiences above , we believe that the film was made for public information purposes rather than for teaching purposes and is therefore not an allowable cost . We hold that the disallowance was proper because the film was produced for viewing by the " general public " within the meaning of applicable policy and expenditures for such production required advance approval of the operating agency which was not obtained . The assault was successful . And science is like the trailers , all those little pieces that explain how the movie was made . The job was well done , making it clear that there are important elements of flexibility in the TRIPS Agreement which can be used to respond to health emergencies . Merck 's stock fell by almost 8 % after the verdict was announced . Page 21 of the audit report notes that the grantee 's officials stated the project director was incorrect in claiming the purpose of the film was to raise money .