The contract was for the Voom channels that existed in 2005. The channels Voom was providing in 2007 were crap compared to those.
They leach because they did not follow spirit of the agreement, even if the jury rules they followed the letter. Charlie I'm sure didn't think that the $100M commitment he asked for was to pay for posh office space, padded employee salaries, and what not.
Imagine if ESPN decided to cut back on what they are paying for programming. No more NFL, no more MLB, no more NBA, except for reruns on ESPN Classic. But they do show European Premiere League soccer. A few soccer fans love it, sure. But would the vast majority love continuing to have $10 added to their bill to carry the ESPN suite? I think there would be a revolt against ESPN.
That is what Voom did. They cut their programming, except for maybe Monsters HD. Sure, a few horror movie fans loved it. But the majority were not impressed. And as people went to DirecTV in droves to see Viacom stretch-o-vision, Dish needed out. If Voom instead focused on making their programming better, people, along with DirecTV, Comcast, TWC and the like would flock to them instead. But counting their money from Dish was easier, so count their Dish money they did.
Sure, maybe they followed the letter of the contract. But that does not mean that Voom execs were not a-holes for doing so.