I fully agree! However, EchoStar's Counter Claim (or any other documents in reply to VOOM's motion for that matter) are not on file, or at least publically accessible. Also, it is fair for people to consider the credibility of the accused. In this particular case, EchoStar has a history of questionable behavior...especially when dealing with programmers. For example: if you were to accuse The Pope of murder, you would have a difficult time convinding anyone your alogation had merit due to the well-established moral conduct of the pontif. However, if you were to accuse Scott Peterson of murdering any formal love interest...well, people are going to more apt to believe you based on Mr. Peterson's murderous past.
Dish Network may have very well been within their legal rights to terminate the agreement, but their past business dealing would suggest otherwise. Finally, although E* may have been well within their rights to terminate the affiliation agreeement, there is no question this company did not treat their customer fairly in the VOOM matter, and I am convinced they did not act in good-faith in trying to resolve the matter with VOOM based on the facts and their past history.
Anyway, I have asked that someone post E*'s reply to VOOM's Complaint & Summons, but so far nothing...and this is a E* friendly website Perhaps you can help?
http://www.satelliteguys.us/1392182-post143.html