Just another thought on this suit, a musing, really.
We all know what a media whore Chuckie is and how he likes to make his case there on every opportunity. IF the 200 package was the most subscribed to package and he had the statistics to back it up, would he have not paraded it all over the media? The fact of which is the biggest package is not something that would help the competition any more than raw numbers will if this goes to court, so I am thinking that if he had anything in the way of facts to support the E* side of this lawsuit, it would have been presented by now. As they say, "the silence is deafening", which is why I think FOX will prevail in this action.
Why would chuckie and buddies want to keep the FNC channels on the upper tiers? Popularity? Higher cost / subscriber than MSNBC, CNBC, CNN? I sincerely doubt we will ever find that one out, what comes out in a court case is a "lawyered up" answer to questions and any similarity to the truth, in most cases, is purely unintended and accidental.