DISH -VS- VOOM - A Settlement has been reached!

[Scott Greczkowski]

Remember Dish wanted to drop some of the VOOM channels but not all of them ? Take a guess why...

This is correct and infact I was shown the numbers on some of the VOOM channels that were dropped and at times there were less then 2 dozen people watching some of the VOOM channels. The ones people were watching DISH wanted to keep. It was VOOM who said carried them all or nothing.

 

[pendragon]

The ones people were watching DISH wanted to keep. It was VOOM who said carried them all or nothing.

I think this is a bit of spin. Dish wanted to reduce the number of VOOM channels. If VOOM agreed, they would experience a drastic drop in revenue from Dish. VOOM probably believed the contract required Dish to carry all the channels and continue the full revenue stream, so they said no. Dish believed VOOM was not complying with the spending requirement in the contract, so they said goodbye.

Disagreements in contract interpretation like this are hardly surprising when the contract language is ambiguous and especially when both parties share very few common goals. That Dish ever signed this contract stretches their credibility.

 

[Scott Greczkowski]

Not much spin there, in fact DISH has been on the record that they wanted to keep the 5 channels and have VOOM use the money to keep the programming going.

I do miss the old days though..

 

[TheKrell]

One wonders why Dish doesn't become a channel provider? They can start by bringing back the 5 Voom stations that were indeed "selling".

 

[pendragon]

Not much spin there, in fact DISH has been on the record that they wanted to keep the 5 channels and have VOOM use the money to keep the programming going.

Nothing you wrote was incorrect, but it conveniently avoids the fact that as part of Dish's mandated reduction in the number of VOOM channels, Dish also demanded it be allowed to re-tier the VOOM package and pay only for subscribers in that tier.

While this might have provided a basis for VOOM to continue, it would have caused an onerous drop in their revenue. VOOM would no longer be guaranteed the escalating $3.25 to $6.43 per month per HD subscriber from no less than 93% of all of Dish's HD subscribers. These rates were overly generous and ultimately caused Dish the most grief.

VOOM was rightfully concerned this offer would trim their Dish income to a non-sustainable level. Dish may have offered to continue with five VOOM channels, but it still required VOOM to give up a lucrative revenue stream in return for peanuts. From a business perspective, VOOM had little choice but to take the action they did.

 

[harshness]

One wonders why Dish doesn't become a channel provider? They can start by bringing back the 5 Voom stations that were indeed "selling".

There are often some serious conflict of interest issues when a carrier becomes a provider. It also allows the competition to beat you over the head with your own club.

 

[jacmyoung]

Seriously, that's a law? I think it's a bit of a stretch to go from neglecting to turn off an IT policy to willfully destroying evidence. So companies need to hire fortune tellers who can see the future and let them know the names of possible companies that can sue them? I mean, how can companies tell when another company is going to sue them, especially if they feel they are in the right? It's just not practical, you can't throw out ANY e-mail by that logic.

Yes it is the law once a company "reasonably anticipates" litigation, it's legal counsel must inform the employees to keep all documents including electronic files in a "legal hold," else the company can be in trouble. But exactly how much trouble is hard to say, just because a judge used big words does not mean he will take severe action, or if he does, the appeals court may not sustain such action.

 

[riffjim4069]

Finally going to Trial?

Well, it looks like this case may finally be headed to trial this Spring/Summer (see attached). In a nutshell, back in December EchoStar filed a Motion requesting the court: reargue the order imposing sanctions against EchoStar based upon spoilation of evidence and permitting VOOM to collect certain costs and legal fees; reargue order barring EchoStar from calling named non-party expert witnesses; and requesting a stay of trial proceedings pending reargument and/or appeal of the aforementioned order. EchoStar's Motion was denied (no surprise since Judge Lowe told EchoStar he would Deny their motion in advance) and both parties are directed to appear on April 5, 2011 for jury selection.

It should be interesting to see how this one plays out in front of a Jury...

View attachment Exhibit149.pdf

 

[Scott Greczkowski]

Its going to be a busy spring for DISH Networks lawyers.

Thanks for the update Jim!

 

[lern4483]

Not much spin there, in fact DISH has been on the record that they wanted to keep the 5 channels and have VOOM use the money to keep the programming going.

I do miss the old days though..

Thanks for posting video. Boy do I miss Voom! Still nothing like it.

 

[HDRoberts]

EchoStar's Motion was denied (no surprise since Judge Lowe told EchoStar he would Deny their motion in advance)

Still logical to do as it sets up clear grounds for appeal.

 

[riffjim4069]

Still logical to do as it sets up clear grounds for appeal.

No doubt! Although the trial may only take a few weeks, the appeals process could go on for years...and years...and years...and years.

 

[NotMe546]

No doubt! Although the trial may only take a few weeks, the appeals process could go on for years...and years...and years...and years.

That's because IMHO the dolan family has always been a penny wise dollar foolish.

 

[Hemi 6.1]

It should be interesting to see how this one plays out in front of a Jury...

View attachment 61644

Well if any of the Jury had VOOM, they would have noticed their was a big lack of new content,and TONS of repeats near the end of the VOOM life as we knew it.

The HD PQ was still to this day better then anything D* and E* currently put out.
I think Charlie should have invested some of his time into Voom , Instead of a Grab and GO,
By Grab I mean "Rainbow 1",
by go I mean "Thanks Voom your Fired"

They both IMO screwed up.
But something tells me Voom doesn't have a leg to stand on in this case.

 

[Hall]

Well if any of the Jury had VOOM, they would have noticed their was a big lack of new content,and TONS of repeats near the end of the VOOM life as we knew it.

And Voom's lawyer's probably made sure that no one on the jury had Dish/Voom...

 

[hvcomputech]

Yes it is the law once a company "reasonably anticipates" litigation, it's legal counsel must inform the employees to keep all documents including electronic files in a "legal hold," else the company can be in trouble. But exactly how much trouble is hard to say, just because a judge used big words does not mean he will take severe action, or if he does, the appeals court may not sustain such action.

To clarify:

Different companies have different document retention policies (internal or mandated) they need to follow. All docs, including electronic, need to be kept for a number of years. Retention doesn't start when a company "anticipates" litigation. It would be too late if so.

 

[Hall]

Different companies have different document retention policies (internal or mandated) they need to follow. All docs, including electronic, need to be kept for a number of years.

What does Sarbanes-Oxley say about "different" policies ?

 

[hvcomputech]

Well if any of the Jury had VOOM, they would have noticed their was a big lack of new content,and TONS of repeats near the end of the VOOM life as we knew it .

And that is different from other channels in what way?

The PC of Voom was outstanding in HD. well except for Bruce Lee movies. ;-)

 

[Scott Greczkowski]

I think Charlie should have invested some of his time into Voom , Instead of a Grab and GO,
By Grab I mean "Rainbow 1",
by go I mean "Thanks Voom your Fired"

Charlie WANTED to keep VOOM that is why he dropped from 15 channels to 5. It was VOOM who said carry them all or nothing. VOOM could still be on Dish TODAY if they didn't do that.

 

[NotMe546]

Charlie WANTED to keep VOOM that is why he dropped from 15 channels to 5. It was VOOM who said carry them all or nothing. VOOM could still be on Dish TODAY if they didn't do that.

Like I said penny wise dollar foolish.