DISH -VS- VOOM - A Settlement has been reached! (1 Viewer)

orlmac

Thread Starter
Member
Feb 15, 2008
11
0
I know that some aren't interested, but for those that are, the first amended complaint was filed in the Voom vs. Echostar lawsuit. There has been no response by Echostar yet. It looks to me like Voom has a strong case against Echostar.
 

Attachments

  • voom_amended_complaint.pdf
    1.4 MB · Views: 1,997
Last edited by a moderator:

Hall

SatelliteGuys Master
Feb 14, 2004
18,409
3,194
Germantown OH
People will be shocked about this:

With Echostar's HD subscriber base already having expanded from approx 20,000 at the end of 2005 to approx 1.3 million at the end of 2007...

Remember, VOOM will be privy to these customer numbers (their monthly "income" from Dish is based on a per subscriber dollar amount).

There are people who think that 25-50% of Dish's customers are HD customers ! It works out to 10% in fact.
 

bscott

Well-Known SatelliteGuys Member
Sep 13, 2007
26
0
Lebanon, IN
Interesting document...but even if VOOM has a leg to stand on, and in my non-legal layman's opinion they might, this is still all about money. No where does it state that as part of the lawsuit that Echostar MUST return VOOM to the airwaves. It's all about money. VOOM is asking for at least $1 BILLION dollars for the breach in damages. I suppose that a court MIGHT demand E* return VOOM to the air, but in any case this seems like a suit that will be in the court systems for quite a few years with suits, counter-suits and appeals. So the likelyhood that VOOM will return to E* anywhere in the foreseeable future is slim and none and slim just left the building.

I have found all this stuff rather interesting even though I have D* and this doesn't affect me one bit. But it is neat to see what kind of behind the scenes dealings that these type of companies go through.
 

rhdj

SatelliteGuys Pro
Jan 25, 2008
212
0
Corpus Christi, Texas
Well, it seems from this doc that dish was strong arming Voom so it could tier its HD. Dish dropped all the channels by their choice not Vooms as suggested in early posts. The threats are what get me, "we will find a way". Now that some number are attached to the so called 100million a year spending deal , I would like to see what dish has as a counter to all this.. It also hints that the programming about the time repeats occured, were requested by Dish and were not Vooms doing. Very instersting reading, Now I would like to see Dishes side of the Story.
 

flyingsquirrel

SatelliteGuys Pro
Jul 27, 2007
332
0
If the court thought VOOM had a good case against Echostar, it would have rule in favor of an injunction. It did not.

There is nothing new in this.

I would doubt that Voom could last the length of a trial on the merits.
 

RandallA

Supporting Founder
Supporting Founder
Dec 13, 2004
10,555
67
San Francisco Bay Area
People will be shocked about this:

There are people who think that 25-50% of Dish's customers are HD customers ! It works out to 10% in fact.

That's what people on this board don't understand. HD is nice but the average Joe doesn't care or will not pay more money just to watch HD.

The majority of users on this board are HD customers but the majority of Dish Network are SD customers.
 

Scott Greczkowski

Welcome HOME to SatelliteGuys!
Staff member
HERE TO HELP YOU!
Sep 7, 2003
99,078
16,792
Newington, CT
The way I read things, is this is the lawyers attempt to throw everything at the court and hope one of them sticks.

It will be interesting to see if VOOM is still on Cablevision systems after June 30th.
 

FitzAusTex

SatelliteGuys Pro
Jan 3, 2007
1,127
0
Austin, TX
Thanks! been lookin for this! Even if this doesnt work out for us Voomers, sure is good to see Voom's position outlined point by point. Obvious to me that this was orchestrated by E* because Charlie has buyer's remorse, and wants the bandwidth to match as closely as possible the channels that D* has.
 
Last edited:

navychop

Member of the Month - July 2014!
Pub Member / Supporter
Lifetime Supporter
Jul 20, 2005
51,558
16,467
Northern VA
If the court thought VOOM had a good case against Echostar, it would have rule in favor of an injunction. It did not.

There is nothing new in this.

I would doubt that Voom could last the length of a trial on the merits.

Oddly, I agree completely with the above.

Filings always appear very obviously in favor of the entity making the filing.

Yep, VOOM has no intentions of producing more material or remaining in business. They just want a payoff. And the ploy hasn't worked so far.

Listening to both sides of a story is the surest way to learn that there's more to a story - than both sides.
 

Apologist

SatelliteGuys Pro
May 25, 2005
506
19
That looks pretty convincing to me. Why would Voom want to commit financial suicide. Either way Voom will not be back on E*.
 

JamesJ

AKA Stuart628
Supporting Founder
Jul 21, 2004
8,181
26
Akron (Cleveland), Oh
Well, it seems from this doc that dish was strong arming Voom so it could tier its HD. Dish dropped all the channels by their choice not Vooms as suggested in early posts. The threats are what get me, "we will find a way". Now that some number are attached to the so called 100million a year spending deal , I would like to see what dish has as a counter to all this.. It also hints that the programming about the time repeats occured, were requested by Dish and were not Vooms doing. Very instersting reading, Now I would like to see Dishes side of the Story.

I see Voom Spent 56 million on Programming for Voom, in 2006, the rest was overhead expenses (dont know what overhead expenses are, but I am thinking someones pay :) ).
 

hperry

SatelliteGuys Family
Aug 2, 2006
93
1
VOOM basically admits that they didn't spend enough in 2006 and says they have been wronged because echostar didn't explicitly say as much when they filed their complaint and notice to cancel. Sounds like a very weak argument to me.
 

navychop

Member of the Month - July 2014!
Pub Member / Supporter
Lifetime Supporter
Jul 20, 2005
51,558
16,467
Northern VA
I see Voom Spent 56 million on Programming for Voom, in 2006, the rest was overhead expenses (dont know what overhead expenses are, but I am thinking someones pay :) ).

Rent, insurance, taxes, etc, etc and yet more etc. Salaries, special bonuses......

They can say some huge percent of some top exec's pay was attributed to VOOM, even without really showing he did that amount of work (time or value) on VOOM. These sorts of things are common. Gets universities and companies in trouble with the feds when they do too much of it on federal contracts. Sometimes the employee doesn't even know his time was charged off to a contract- he may not even know the contract exists. Similar with this VOOM stuff, and is commonly done in Hollywood. Courts look with suspicion on overhead expenses, with good reason. There's a strong temptation to charge off expenses anywhere possible, and a dying horse has no defenders. I'm surprised it wasn't more explicitly laid out in the contract. But maybe case law lays it out pretty well.

We can forget VOOM.
 

rhdj

SatelliteGuys Pro
Jan 25, 2008
212
0
Corpus Christi, Texas
It will come down to the agreement and what counts toward the 100mill. Something that I did not see, I may have missed it though, is Voom asking to be put back on Dish, It looks tlike the just want a payoff. Like I said, I could have missed it. This does blow my hopes of something being worked out, Another cannon shot from Voom, which will follow by one from Dish.
 

Users who are viewing this thread

Users Who Are Viewing This Thread (Total: 0, Members: 0, Guests: 0)

Latest posts

Top