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

[jacmyoung]

I'm torn on this trial...on one hand, Dish's behavior and actions over the trial and previous evidence tampering demands a punitive response. Yet I also feel that a summary judgment in VOOM's favor sets a potentially dangerous precedent...while much of the contention of the dispute centers around the letter of the agreement, the meaning of "service" and whether the required spending limits were met, there is also the intent of the contract that should be considered. How much of the programming content decreased in both variety and quality from the start of the contract to the point of Dish dropping the channels? If VOOM wins this case without impunity, then that could open a door where programming providers could get into a long-term contract, and then later remove a significant portion of their programming content or add much more repetitiveness or paid programming to their feed, while the MVPD has little-to-no recourse. While the letter of the contract needs to be scrutinized, just as importantly so should the intent.

There is no summary judgment, the jury trial continues.

I am not sure what happened to those materials. As far as 40% HD take rate, Dish needs to demonstrate they terminated the contract within legal means, otherwise $1B or $2B, makes little difference.

 

[meStevo]

Re: DISH -VS- VOOM - The Trial Begins!

I'm torn on this trial...on one hand, Dish's behavior and actions over the trial and previous evidence tampering demands a punitive response. Yet I also feel that a summary judgment in VOOM's favor sets a potentially dangerous precedent...while much of the contention of the dispute centers around the letter of the agreement, the meaning of "service" and whether the required spending limits were met, there is also the intent of the contract that should be considered. How much of the programming content decreased in both variety and quality from the start of the contract to the point of Dish dropping the channels? If VOOM wins this case without impunity, then that could open a door where programming providers could get into a long-term contract, and then later remove a significant portion of their programming content or add much more repetitiveness or paid programming to their feed, while the MVPD has little-to-no recourse. While the letter of the contract needs to be scrutinized, just as importantly so should the intent.

If anything it only sets a precedent for unintentionally vague contracts, no?

Sent from my Galaxy Nexus using Tapatalk 2

 

[riffjim4069]

Yet I also feel that a summary judgment in VOOM's favor sets a potentially dangerous precedent...

Both parties filed a motion for summary judgment back in 2010, and both parties were denied. That's why we're in the trial phase. Now, if the Judge were issue a ruling finding in favor of Voom, based on the evidence and Dish continuing to conceal evidence, then the jury would merely determine how much in damages and penalties to award Voom. This rarely happens at trial. It is probably more likely Judge Lowe would find the Dish legal team in contempt of court before superseding the jury. But this has been an unusual case so who knows? I get the feeling Judge Lowe will ask for an investigation after the trial has concluded. We shall see.

 

[jacmyoung]

If anything it only sets a precedent for unintentionally vague contracts, no?

Sent from my Galaxy Nexus using Tapatalk 2

If there is a summary judgment, it means the contract was not vague, but very clear, so clear that no reasonable jury could have reached a verdict other than that of the summary judgment.

If it was vague, whether intentional or not, the contract cannot be enforced by the court.

 

[riffjim4069]

Just thought I would note the summary judgment issue was argued from April-November 2010 (Motions 2 & 3) and denied by the court (attached). Perhaps we're talking semantics, but the parties would have to file another Motion for Summary Judgment, which would never be entertained by the court at this time - that ship has long since sailed.

Motion #2 - Voom's Motion for Summary Judgment (Denied)

• Dish's cross motion to preclude extrinsic evidence (Denied)

Motion #3 - Dish's Motion for Summary Judgment (Denied)
Motion #4 - Voom's Motion for Sanctions based on Spoliation (Granted)

• Adverse inference jury instruction
• Collect costs/legal fees related to spoliation

Motion #5 - Voom's Motion to bar expert witness (Granted)

• Dish's damages expert cannot be called during trial

 

[ScottChez]

Wow read this doc. Look at section on since there was not 21 channels the spend on service is now $85 million.
Also the point on non repeating content.

Seems when I watched Voom it was all re runs nothing ever new. It repeated too much.
So I can see Why the judge denied the motion. Both sides have good points.

Just thought I would note the summary judgment issue was argued from April-November 2010 (Motions 2 & 3) and denied by the court (attached). Perhaps we're talking semantics, but the parties would have to file another Motion for Summary Judgment, which would never be entertained by the court at this time - that ship has long since sailed.

Motion #2 - Voom's Motion for Summary Judgment (Denied)

• Dish's cross motion to preclude extrinsic evidence (Denied)

Motion #3 - Dish's Motion for Summary Judgment (Denied)
Motion #4 - Voom's Motion for Sanctions based on Spoliation (Granted)

• Adverse inference jury instruction
• Collect costs/legal fees related to spoliation

Motion #5 - Voom's Motion to bar expert witness (Granted)

• Dish's damages expert cannot be called during trial

 

[dare2be]

Wow, my misuse of the term "summary judgment" really caused havoc. My bad. My point was that if VOOM wins this case outright without stipulation, then that opens the door for other providers to let their programming go to pot while the MVPD is held to the fire for the entire length of the contract.

 

[nelson61]

and a little more from today:

He agreed to VOOM’s motion requiring Dish to let auditors check its hard drives and IT system to see whether it destroyed a 2006 draft audit report of VOOM. If it did, then the judge could penalize Dish — possibly even deciding the case for VOOM. If investigators come up empty, then VOOM must pay for the examination. In addition, Dish must let auditors check its high-definition subscriber database to see whether the company correctly reported that just 40% of its current customers receive an HD service. If it’s wrong and the actual number is closer to the national average of around 70%, then that could add $1B to the damages that could be awarded to AMC and its former parent, Cablevision.

Bloomberg TV was interviewing an ad guy last night and talking about the ratings for various programs and how they are affected by time shifting. He said that 42 percent of homes had DVR's last year and this year the number is 46 percent. You got to wonder how only 40 percent have HD when 46 percent of the market has a DVR (tv junkies like HD and DVRs).

 

[dare2be]

A 6% difference sounds about right, I had a DVR long before I upgraded to HD...I could have upgraded to HD much earlier but I had too much recorded on my existing 625 that kept me from upgrading sooner.

 

[riffjim4069]

Wow, my misuse of the term "summary judgment" really caused havoc. My bad. My point was that if VOOM wins this case outright without stipulation, then that opens the door for other providers to let their programming go to pot while the MVPD is held to the fire for the entire length of the contract.

No biggie. It's all been covered in this thread, but who has the time, energy and desire to read through 152-pages (four years worth) of posts.

 

[Hall]

...when 46 percent of the market has a DVR (tv junkies like HD and DVRs).

Almost 1 out of 2 homes have a DVR ? That sounds pretty high to me....

 

[riffjim4069]

Almost 1 out of 2 homes have a DVR ? That sounds pretty high to me....

With the exception of my oldest sister (who appears to be stuck in Mayberry watching reruns of old TV Land programming), I don't know anyone who doesn't have at least one DVR.

 

[Mochuf]

Almost 1 out of 2 homes have a DVR ? That sounds pretty high to me....

Not really, you don't even need a pay-tv service to have a dvr. I had a DVD recorder with a hard drive and a HTPC w/tuner card that I used as ota dvr's three years before I signed up with Dish 2 1/2 years ago. With Windows 7, a $50 usb tuner stick turns your pc/laptop into a dvr. I'm actually surprised that more people don't use them.

 

[Hall]

Re: DISH -VS- VOOM - The Trial Begins!

People with HTPC setups are without question in the sub-5% or lower range of households. I know NO ONE personally who has a TV tuner card in their PC.

 

[navychop]

Not really, you don't even need a pay-tv service to have a dvr. I had a DVD recorder with a hard drive and a HTPC w/tuner card that I used as ota dvr's three years before I signed up with Dish 2 1/2 years ago. With Windows 7, a $50 usb tuner stick turns your pc/laptop into a dvr. I'm actually surprised that more people don't use them.

Err, uhh- "Windows."

 

[Mochuf]

People with HTPC setups are without question in the sub-5% or lower range of households. I know NO ONE personally who has a TV tuner card in their PC.

I also used a dvd recorder with a hard drive. And I'm sure not many have those either. But that isn't the point. The point is that there are many ways for people to have dvrs'. So it shouldn't be surprising that 46% of households have them.

Err, uhh- "Windows."

Yep, only the os that most of the world uses to get things done.

 

[GaryPen]

Yep, only the os that most of the world uses to get things done.

Overwhelmingly so.

 

[Teehar]

Ubuntu tv!!

I kind of agree with Hall though.We are very rural here and most folks around these parts especially the older ones do not have dvrs.

 

[HDRoberts]

Since Dish collects fees on DVRs, I have no doubt they push DVRs. 46% sounds right, even a little low.

I also know I see a LOT of Dish 500s around. I also don't doubt the 40% HD number, at least at the time it was reported. Even if more people get HDTVs, how many of our acquaintances have hooked up their HDTV to an SD source and thought they magically had HD?

 

[The Fat Man]

I know when I signed up with Dish. I was supposed to get the SD DVR, but they brought me a VIP 722. For nearly two years I only got the "Test" channel in HD, which was HD Theater just labeled test. I refused to pay for an HD upgrade until I was offered HD free for life, if I paid the $10 for the old HD Platinum. I dropped Multi-Sports and went with HD. Funny thing was that I actually had HD on Comcast before I bought my current home and switched to Dish.

The moral is, I'm just one person. I bet there are plenty like me who might be equipped for HD, but just don't subscribe.

Also, I wish I still had the channel lineup card from 2008. Because, I specifically remember the VOOM channels being in either the highest HD package or second highest. Meaning that not all HD subs today would have subscribed to VOOM. So that percentage really should have an asterisk next to it.