Satellite Updates and VOOM

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I have no idea who is going to win this case other than to say that it makes absolutely no sense why VOOM would meet their obligations since VOOM was the favorable end of this 15-year agreement...and it makes perfect sense why DISH would want to terminate the agreement.

I agree with you about AMC and IFC...they are two of my favorite channels on FiOS and Dish Network customers should have them in their lineup.

1 reason: greed. Why make a little money when they could make a lot?

The question is, what did the $100M cover? There have been "overhead expenses" that both Dish and Rainbow have referred to. What is overhead? Mostly offices, and staff pay and benefits. I get the feeling they thought they could meet their spending requirement through counting (or even raising) pay, and maybe even counting some general Rainbow expenses.

Bottom line, I think they tried to exploit a loophole that didn't exist.
 
And without VOOM there as an example of pristine picture quality, the bar has been lowered and every other HD channel that existed back then looks worse now.

Remember (Discovery) HD Theatre before they added the popup ads and constantly changing channel bug? Looked a lot better back when they had to compete with VOOM in the picture quality department.
I liked VOOM PQ, but their channels were slightly light, 1440x1080i...but I loved VOOM PQ when some of their channels were 1920x1080i for a few month on Dish Network (circa 2005). However, nothing beats HDNet on FiOS.
 
The question is, what did the $100M cover? There have been "overhead expenses" that both Dish and Rainbow have referred to. What is overhead? Mostly offices, and staff pay and benefits. I get the feeling they thought they could meet their spending requirement through counting (or even raising) pay, and maybe even counting some general Rainbow expenses.
According to court filings the parties agree that they entered into an affiliation agreement...and almost nothing much else; both sides disagree as to the contents and context of the April 2005 preliminary agreement and November 2005 affiliation agreement; they can't even agree on the how much VOOM was supposed to spend on the service....the cost accounting methods used...or how many channels were in the VOOM Lineup (10, 15, 21?). Without having access to the agreements and the reported 2.5 million pages of artifacts, we can only speculate as to what happened from the cheap seats.

Bottom line, I think they tried to exploit a loophole that didn't exist.
It's certainly possible, but it's impossible to say without having access to the aforementioned documents. However, I have always maintained that it makes no sense that VOOM would not comply with the terms and conditions of the affiliation agreement since their business model (for VOOM HD) was to milk DISH for the entire 15-year period. Greed (VOOM)...yes! Bad contract (DISH)...also yes! In my opinion, DISH tried to negotiate a better contract but VOOM was happy with status quo. Regardless, DISH will likely save hundreds of millions, if not billions, of dollars by terminating the affiliation agreement...legally or illegally.
 
However, I have always maintained that it makes no sense that VOOM would not comply with the terms and conditions of the affiliation agreement since their business model (for VOOM HD) was to milk DISH for the entire 15-year period.

What I'm saying is they perfectly THOUGHT they were maintaining the terms and conditions, but maybe they were not. What you say makes sense, but that's only if the terms and conditions were crystal clear. They were not.
 
What I'm saying is they perfectly THOUGHT they were maintaining the terms and conditions, but maybe they were not. What you say makes sense, but that's only if the terms and conditions were crystal clear. They were not.
Amazing how both parties had their legal experts draft and review the agreements in question...and now their legal experts can't agree on the terms and conditions they or their cohorts helped create. It's either that or someone is lying their arses off. Very strange!
 
yeah that was an issue but an issue that could've been resolved if they would've listened to charlie
According to VOOM, the contents were being looped because they "did listen" to Charlie and attempted to appease EchoStar due to their persistent threats to illegally terminate the affiliation agreement...against VOOM HD's objection. Unless you have access to email correspondece from November 2007 or are involved with these proceedings, all we know about this issue are taken from the documents filed with the court. In their amended complaint, VOOM said athe following in paragraph's 72-74. In a nutshell, VOOM claims that EchoStar's demands were an attempt to devalue the VOOM brand in order to obtain a "beter deal" since they were unhappy with payment obligations under the Affiliation Agreement and/or reduce customer outcry when EchoStar [illegally] terminated the agreement:

"After VOOM HD successfully refuted each of EchoStar's allegations, EchoStar abandoned its Section 4 claim until its recent effort to revive it as part of this litigation. In particular, EchoStar has raised claims related to the amount of non-repeat programming that VOOM HD was required to broadcast on VOOM's non-movie channels.

VOOM HD fully complied with all its Section 4 obligations. Nevertheless, on November 16, 2007, EchoStar refused to allow VOOM HD to continue to schedule its programming in accordance with its past practices. As a result, VOOM HD was forced to change the programming schedules for VOOM in an attempt to comply as much as practicable with EchoStar's various incorrect, unreasonable and bad faith interpretations of Section 4, while reserving all of VOOM HD's rights and remedies under the Affiliation Agreement.

As VOOM HD warned EchoStar on numerioius occasions, the scheduling changes to VOOM demanded by EchoStar jeopardized the perception and quality of VOOM."

EchoStar answered the compaint as follows:

"Denies the allegations in Paragraph 72 of the Amended Complaint, except admits that EchoStar has asserted claims based on Network's breaches of Section 4 of the Agreement.

Denies the allegations in Paragraph 73 of the Amended Complaint, except admits that EchoStar and Network exchanged emails on November 16, 2007 regarding compliance with Section 4 of the Agreement and respectfully refers the Court to the email correspondence for its contents.

Denies the allegations in Paragraph 74 of the Amemded Complaint."
 

Attachments

  • voom_amended_complaint.pdf
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And without VOOM there as an example of pristine picture quality, the bar has been lowered and every other HD channel that existed back then looks worse now.

Remember (Discovery) HD Theatre before they added the popup ads and constantly changing channel bug? Looked a lot better back when they had to compete with VOOM in the picture quality department.

Great post and great point!

HD does not look as good on dish without Voom pushing the envelope..
Nothing ,too me, looks as good as Voom did..Simply nothing
 

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