DISH Drops AMC Networks (AMC Back on DISH channel 131)

[riffjim4069]

My prediction for a settlement. . .

In the End I think Dish will just end up paying Two years worth of the Voom cost or $200 Million to Voom (AMC), plus they will get all the AMC channels back plus streaming rights and a VERY low cost on a contract over several years.
Dish might even pay for Monsters HD and we will see it come back or some other small Voom channel.
Dish will just write of the $200 from taxes.
Both Sides win.

Well, since Cablevision/Voom is 300M in the hole, lost business opportunities and interest income, plus years of legal fees, I doubt they're going to settle for anything less than 700M for Voom and a 5-year AMC Networks agreement paid with cash up front and back payments to July 1st. Anything less and they'll roll the dice on a 1+ Billion dollar payout and withhold the AMC Networks channels until Dish pays a Least Favored Nation (LFN) rate. Also, this case will not go on for years on appeal. If Dish loses they will be required to pay the judgment and interest fees before they can proceed. We shall see.

 

[gpollock87]

My prediction for a settlement. . .

In the End I think Dish will just end up paying Two years worth of the Voom cost or $200 Million to Voom (AMC), plus they will get all the AMC channels back plus streaming rights and a VERY low cost on a contract over several years.
Dish might even pay for Monsters HD and we will see it come back or some other small Voom channel.
Dish will just write of the $200 from taxes.
Both Sides win.

bring back a few of the old voom channels

 

[priester68]

A few of the old Voom channels and AMC would be awesome.

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[krauser1]

Just saw an ad on my local NBC station for walking dead on amc. It then mentioned at can be seen all providers except dish and put up a website www.switchfromdish.com

Thought I would post this in the midst of this lawsuit.

 

[KAB]

They've been doing that for weeks.

 

[NotMe546]

I say lets have a cage match. Let Carlie kick the dolans butts!!!!
I would pay to see that.

 

[riffjim4069]

I say lets have a cage match. Let Carlie kick the dolans butts!!!!
I would pay to see that.

Carlie? Oh, you're so vain...

 

[whatchel1]

Well, since Cablevision/Voom is 300M in the hole, lost business opportunities and interest income, plus years of legal fees, I doubt they're going to settle for anything less than 700M for Voom and a 5-year AMC Networks agreement paid with cash up front and back payments to July 1st. Anything less and they'll roll the dice on a 1+ Billion dollar payout and withhold the AMC Networks channels until Dish pays a Least Favored Nation (LFN) rate. Also, this case will not go on for years on appeal. If Dish loses they will be required to pay the judgment and interest fees before they can proceed. We shall see.

This is where I will say that the monies we depend entirely on how things are going in court. It could be possible that it will look bad to Voom in court and AMC could decide to settle for less than $500m. OTOH if the trail looks like it is going in their favor they will hold out to the bitter and and get a much larger settlement. The trial is the game changer in this. One or the other will most likely come out "smelling like a rose".

 

[ScottChez]

Sure wish the court was on tv. Is court tv around? Monday should be fun anyone live nearby that can go?

 

[dishburgh]

Come on! We all KNOW Dish illegally terminated their contract! ... Dish can scream all they want that voom didn't spend the $100 million a year, but it's already proven that they did spend it. ...

Knowing that this will all come down to the ambiguous interpretation of what "service" means (programming vs. total operating costs) and after I read this, I would lean towards Dish's interpretation of programming only.

http://www.multichannel.com/news-article/attorney-voom-was-betrayed/139536
"Morrison Foerster partner James Bennett, representing EchoStar, focused his opening statements on what he called Voom's failure to spend an agreed upon $100 million annually on HD programming. He claimed that prior to the agreement, Voom had easily spent more than that amount each year strictly on programming costs, but that declined substantially shortly after the agreement was signed, in part because Voom parent Cablevision Systems was considering shutting the service down. Bennett added that shortly after the EchoStar deal was signed, Cablevision stopped carrying the Voom channels ."

 

[GaryPen]

It seems pretty simple to me. "Programming" means programming. "Service" is by no means limited to meaning programming only.
It looks to me like Dish was just using semantics to get out of a truly horrible contract. I'm surprised they would have agreed to such an awful contract to begin with.

Could Voom have saved themselves by renegotiating with Dish for a smaller 5-channel package? Probably. Would that have also made Voom a more attractive programming package for other carriers? Possibly. Did Dish breach the contract? Definitely.

BTW, Cablevision stopped carrying Voom because each was run by a different Dolan, both of whom differed strongly with each other on business strategy. It was basically a family squabble.

 

[riffjim4069]

This is where I will say that the monies we depend entirely on how things are going in court. It could be possible that it will look bad to Voom in court and AMC could decide to settle for less than $500m. OTOH if the trail looks like it is going in their favor they will hold out to the bitter and and get a much larger settlement. The trial is the game changer in this. One or the other will most likely come out "smelling like a rose".

Yes, but Dish's expert witness who was to provide his opinions on damages, was denied from testifying as a sanction for Dish's spoliation of evidence. From what I can gather, Voom's expert witness will state Dish terminating the agreement costs them billions, and Dish will be permitted to cross-examine Voom's expert. The jury will then be sent away with an adverse instruction that Dish destroyed evidence and they can presume this evidence would have supported Voom's case. If Dish's doesn't win this case outright they will be at a major advance when it comes to $$$. We shall see.

 

[dangue]

It seems pretty simple to me. "Programming" means programming. "Service" is by no means limited to meaning programming only.
It looks to me like Dish was just using semantics to get out of a truly horrible contract. I'm surprised they would have agreed to such an awful contract to begin with.

Could Voom have saved themselves by renegotiating with Dish for a smaller 5-channel package? Probably. Would that have also made Voom a more attractive programming package for other carriers? Possibly. Did Dish breach the contract? Definitely.

BTW, Cablevision stopped carrying Voom because each was run by a different Dolan, both of whom differed strongly with each other on business strategy. It was basically a family squabble.

So your interpretation of ambiguous contract language without a complete presentation of the evidence is what is going to carry the day? If that's the case, why are they even bothering with a trial? Both sides could have reduced their court costs by simply having you serve as an arbitrator.

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[GaryPen]

So your interpretation of ambiguous contract language without a complete presentation of the evidence is what is going to carry the day? If that's the case, why are they even bothering with a trial? Both sides could have reduced their court costs by simply having you serve as an arbitrator.

Very true.

 

[The Fat Man]

Scott, I just called my mortgage company and told them I am unwilling to pay the balance of my mortgage and offered to pay 1/3rd of the balance along with a much lower interest rate - 0.75%. They refused my offer! I cannot believe the selfish bastards just terminated our agreement.

P.S. I have a house for sale...real cheap...cash only, please!

I get your point, but in a case such Dish and VOOM it's slightly different. Dish is arguing that VOOM wasn't the quality of service that it hyped itself up to be. Your mortgage company is more than likely doing exactly what you want them to do. Taking your money and allowing you to live in your house. A better analogy would be that you weren't impressed with a PPV event and called saying to either turn it off 1/3 of the way through and you will pay for what you saw, or you won't pay at all.

 

[gdodd12]

So I guess no AMC for Walking Dead...

 

[priester68]

So I guess no AMC for Walking Dead...

It's a shame isn't it?

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[Teehar]

Well it is highly unlikely that TWD will be on Dish this season however,it doesn't premiere until Oct.14th plus AMC is streaming the first episode free.That would technically give Dish until the 21st to settle.

 

[Tampa8]

Ever the optimist.

 

[kenny9966]

I dont even think a Settlement gives us a guarantee that AMC will come back to dish TBH. Especially if the court is leaning towards AMC winning the case.