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

[riffjim4069]

Remember it was Dish's contention that Cablevision started to pay itself for services as part of the "investment" they were supposed to be making in VOOM programming. This was probably viewed by Cablevision as a win/win. They spend the money on themselves.

As I recall, here is the dispute in the nutshell:

- Dish Network says the plain lauguage of the affiliation agreement required VOOM to spend 100 million per year on "the service" per the agreement and that overhead charges were not permissable. They also state that VOOM consisted of 10-channels at the time of the agreement and not 21-channels.

- VOOM says their cost accounting methods were fully disclosed to EchoStar during the preliminary agreement they signed in April 2005, which included allocating certain shared expenses (aka engineering and administrative expenses were shared among Cablevision, Rainbow Media and VOOM).

Additionally, VOOM HD states that VOOM is a 21-channels lineup, but both parties agreed to initially offer 10-channels of VOOM, from May 2005-Feb 2006, and later agreed to reduce the total number of channels from 21 to 15 when the additional 5-channels appears on DishHD in February 2006. VOOM says the spending requirements was based on a prorated formula should VOOM be reduced to anything less than 21-channels.

Of course, we don't know what the original preliminary agreement that was signed by both parties in April 2005 said, nor to do know if it was incorporated into the November 2005 affiliation agreement. Heck, VOOM was 21-channels, then it coming to E* initially as 10-channels with the rest coming later, then it was 15-channels, etc.

 

[riffjim4069]

This is why the case is not clear. Did, as Dish claims, Cablevision funnel the investment to itself for bogus inflated expenses or did Cablevision live up to the contract? This is why the courts will have to settle the matter, and it will probably be years and many appeals later. Neither side will let the matter drop until the last appeal is done, way too much money at stake.

I agree...it all depends on the language of the agreement(s) and sorting through the 2-million pages are artifacts collected from both parties. Yikes!

 

[jacmyoung]

...It is relevant to you, but not to me since I rarely think about Charlie Ergen...

Yes you do, why else you are obssessed with this VOOM case? Hardly anyone else is paying much attention. You have been trying everything you can to prove him wrong.

You have always shown your disapproval of Charlie, accusing him of not thinking through, not doing things in the best of his shareholders' interest. Making a big mistake to terminate VOOM that will ended up paying big time.

The only reason you are saying you rarely think about him now, is because your so called predictions rarely came true. DISH shareholders are enjoy the highest return plus a special divident. The VOOM case even you have admitted is hardly clear who has merits who does not. You can't think of him, the thought of him makes you wonder what the hell were you thinking before.

and I certainly don't comtemplate how any particular quote applies to Mr. Ergen in any particular situation. The thought just never creeps into my mind.

You should, when you put something in your "signature" it means a lot to what you stand for and what you are against. Just don't make yourself look stupid by signing something you do not even agree with.

Again, I have no desire to engage you in your agenda to advance the study of EchoStar and worship of Charlie Ergen. And I continue to avoid such nonsensical questions.

Charlie is hardly the smartest guy in the room, he made a lot of mistakes too. But when you disapprove of him of certain decisions, then things turn out not what you had envisioned, don't be surprised someone point them out to you.

So continue to talk about VOOM all you want, just understand what you think is true or not, does not mean it is. You have demosntrated your inability to see things correctly.

 

[riffjim4069]

Next Court Appearance: 12/3/2009

No details as to the nature of this upcoming appearance, so far.

 

[vampz26]

Who the hell cares. Its not like they are going to come back from the dead...

 

[riffjim4069]

Who the hell cares. Its not like they are going to come back from the dead...

I am sure the stockholders of both companies care, and I am sure others care too. To answer your question, apparently you must care or you wouldn't be taking time to post in this thread. Think about it? Anyway, since you obviously "do not care" then I am sure there is no further reason for you to post in this thread.

Also, please let us know if a drunk-driver ever runs down one of your loves ones so, when you sue the offender, we can quote you as follows, "Who the hell cares. Its not like they are going to come back from the dead..." I'm not serious...just showing you how silly, self-centered and inappropriate your comments are.

Anyway, the courts provide a forum for potential injured parties to seek compensation for damages caused by another party. I noticed you post quite often in the Tivo versus Echostar forum in which Tivo, to date, has been awarded $400M from E* stealing Tivo's intellectual property. You are welcome to post here if you have something meaningful to contribute. If not...well, then take a hike! As you metioned, "Who the hell cares[?]"

 

[dishcomm]

This dopey thread hasn't been declared dead yet?
Jeez..
Ok sports fans, newsflash....VOOM ain't coming back. Move on.

 

[dishcomm]

I am sure the stockholders of both companies care, and I am sure others care too. To answer your question, apparently you must care or you wouldn't be taking time to post in this thread. Think about it? Anyway, since you obviously "do not care" then I am sure there is no further reason for you to post in this thread.

Also, please let us know if a drunk-driver ever runs down one of your loves ones so, when you sue the offender, we can quote you as follows, "Who the hell cares. Its not like they are going to come back from the dead..." I'm not serious...just showing you how silly, self-centered and inappropriate your comments are.

Anyway, the courts provide a forum for potential injured parties to seek compensation for damages caused by another party. I noticed you post quite often in the Tivo versus Echostar forum in which Tivo, to date, has been awarded $400M from E* stealing Tivo's intellectual property. You are welcome to post here if you have something meaningful to contribute. If not...well, then take a hike! As you metioned, "Who the hell cares[?]"

So which of those niche channels buttered your biscuit? Kung Fu? Monsters?..C'mon....

 

[Scott Greczkowski]

I am following this one with great interest and awaiting the finial outcome. I enjoy reading the updates.

I miss VOOM and know its not coming back.

I think the Dolans tried playing hardball with Charlie and lost. Charlie wanted to keep VOOM but only wanted to keep the channels customers were actually watching. When he cut the first channels and kept the others on he showed this to be true. However the Dolans told Charlie he had to carry them all or nothing, so Charlie said fine have it your way and removed all of the channels. VOOM would still be on Dish today if they didn't do that.

Hell I talked to people from VOOM and even they told me that they made a mistake and that they wish they did things differently. With that alone I dont know why this lawsuit continues. But knowing Charlie like I do he will fight the fight just to prove that hes right.

The only ones being hurt in this lawsuit now are HD customers who cant get the new Rainbow HD channels such as AMC HD and MSG HD.

I am kind of surprised that we have not seen a lot of the VOOM HD library sold to other HD channels as they had some great HD content, just didn't have enough HD content to fill 15 HD channels 24/7.

 

[dishcomm]

I am following this one with great interest and awaiting the finial outcome. I enjoy reading the updates.

I miss VOOM and know its not coming back.

I think the Dolans tried playing hardball with Charlie and lost. Charlie wanted to keep VOOM but only wanted to keep the channels customers were actually watching. When he cut the first channels and kept the others on he showed this to be true. However the Dolans told Charlie he had to carry them all or nothing, so Charlie said fine have it your way and removed all of the channels. VOOM would still be on Dish today if they didn't do that.

Hell I talked to people from VOOM and even they told me that they made a mistake and that they wish they did things differently. With that alone I dont know why this lawsuit continues. But knowing Charlie like I do he will fight the fight just to prove that hes right.

The only ones being hurt in this lawsuit now are HD customers who cant get the new Rainbow HD channels such as AMC HD and MSG HD.

I am kind of surprised that we have not seen a lot of the VOOM HD library sold to other HD channels as they had some great HD content, just didn't have enough HD content to fill 15 HD channels 24/7.

your last sentence says it all. Not enough content means few viewers. To keep services few people watch is a misuse of valuable bandwidth.
It's all about the ratings..To a certain point anyway.

 

[Scott Greczkowski]

your last sentence says it all. Not enough content means few viewers. To keep services few people watch is a misuse of valuable bandwidth.
It's all about the ratings..To a certain point anyway.

Hell I was shown numbers on some of the channels after they dropped them, some channels didn't even have 2 dozen people watching at any time.

What Charlie tried doing with VOOM was to keep the watched channels and he wanted them to combine content from some of the other channels on to the channels that remained. That would have ended the issue of tuning to VOOM and seeing the same shows over and over again.

 

[BobMurdoch]

Who the hell cares. Its not like they are going to come back from the dead...

If E* has to pay a couple hundred of million dollars, you don't think it will find its way down to us in higher rates or fees?

Less pressure on Charlie's bottom line means less pressure on ours.... He already is one of the cheapest SOBs by reputation based on his draconian spending limitations on most of his employees, so I'd rather help him keep his expenses down even further.

 

[BobMurdoch]

Hell I was shown numbers on some of the channels after they dropped them, some channels didn't even have 2 dozen people watching at any time.

What Charlie tried doing with VOOM was to keep the watched channels and he wanted them to combine content from some of the other channels on to the channels that remained. That would have ended the issue of tuning to VOOM and seeing the same shows over and over again.

Yeah I think I was the only guy in NJ watching the HD News channel around the time it went dark.... Monsters was a great channel as was Rave. The rest I didn't really get into....

 

[jacmyoung]

...Anyway, the courts provide a forum for potential injured parties to seek compensation for damages caused by another party. I noticed you post quite often in the Tivo versus Echostar forum in which Tivo, to date, has been awarded $400M from E* stealing Tivo's intellectual property...

Yet both these cases prove the courts do not provide a forum only for those who claim to be injured parties, that is because just since you claim to be the injured party, does not mean you are.

But of course as you are saying now: "No matter how dark the moment, love and hope are always possible."

 

[riffjim4069]

Case Update: 01/07/2010

Stipulation entered into the office of the County Clerk on January 12, 2010 which is based on the Status Conference held on 1/7/10. Here is the transcript of the attached document.

"This is a complex and large case in which the parties have conducted over 30 depositions, produced voluminous documents, and engaged in extensive expert discovery. To date, the parties have successfully met---and---conferred on numerious discovery and other case issues. The parties presently are continuing active discovery and presently anticipate that the Note of Issue will be filed on 2/26/10. In the event that the parties require judicial intervention for any purpose before 2/26/10, they will promptly contact the court. Otherwise, as directed by the clerk today, plaintiff will contact the court on 2/26/10."

In a nutshell, it appears the bulk of the evidence collection process (e.g., discovery, depositions, expert opinions, etc.) is wrapping-up and the parties will petition the court for a trail date as early as late next month.

You are now being returned to your regularly scheduled programming...

 

[Scott Greczkowski]

Thanks for the update Riff!

 

[HDRoberts]

Well, that strikes me as odd, a handwritten filing.

 

[navychop]

Somehow, I suspect there's a lot more to the story. Maybe we'll learn something after the 26th.

And is it just me, or don't those per subscriber costs seem huge?

 

[whitewolf8214]

charlie should turn those channels back on like monster and rave and a few others without paying voom anything or just buy voom out.voom did show too many repeats but the picture was so much better than what charlie has and what charlie should have his rez at full

 

[lern4483]

charlie should turn those channels back on like monster and rave and a few others without paying voom anything or just buy voom out.voom did show too many repeats but the picture was so much better than what charlie has and what charlie should have his rez at full

I agree...Too bad Cablevision cancelled the whole thing.
Im wondering if the court told Cablevision to start back up if in fact that would happen.

It strikes me as strange that Voom did not try to at least save itself.
A condensed version of itself...
Still nothing like Monster or Rave out there...

I think HD is just booming now. Time is perfect for that kind of niche channel lineup..