While we wait for the court case to start . . . . I can see the case start out like this. (take this it as a comedy please)
Dish Opening Statement-
Has anyone ever heard of Voom? I will give you a hint, it is premium Movie Channel package like HBO or Starz. It cost $10 a month (or what ever the price was). No? You never heard of it? Well that is our case, we will show that few heard of it because the programing on it was not very good, it sucked, Voom Promised Dish they would spend $100 million a year on programing to have good shows, they did not.
We will show that Voom did not meet this agreement and only spent $80 Million on shows and thus the poor programing. In fact we will show they spent the other $20 million on Corporate Jets, Pay Raises, and Company Parties (I am sure dish would of found similar things like this and we will know them next week).
Now during the trail Voom will talk about how Dish lost some emails and they were sanctioned on it, you will get instructions on this after when you deliberate.
Yes Dish missed up, lost some emails. How many of you at home at computer issues? Raise you hands?
Now think about it.
What could possibly be in any of Dishs lost emails anyway? This case is about did Voom spend $100 Million on programing, not if Dish said things in the emails like we want to get out of the contract because the contact is bad and no one has ever heard of the Voom Premier package and few are signing up for it. Voom went Boom for a reason.
We will tell you right now, that Dish did not know the programing was bad and they wanted out because Voom did not meet the contract terms that they promised in writing.
Its all about did Voom really spend the money and what did they spend it one.
Dish also owned 20% in Voom so its not like Dish just left, they also lost 20% of Dish's investment. Dish also paid a price. They knew it was time to leave the market had changed. Voom went Boom for a reason.
Vooms (AMC Cable Visions Opening Statement)-
We will show that dish later found that most of the cable networks we later including for free HD programing if you had the SD package.
Thus Dish no longer needed Voom. But that is no reason to break a contract. We have proof we spent $100 million, plus the contract does not say it had to be on content costs.
Also Dish knew they were wrong and they had the I.T. guys go around deleting mail from there servers so no one could have record of the strategy.
Since no other big provider wanted Voom, Dish was our only source of income. When they left we had to close so we want 2 Billion.
Voom did not need to go Boom.