http://www.voom.com updated the message today saying essentially call Dish and complain. All the talk and buzz about VOOM makes me want to watch it more. I hope the lawyers comes up with some agreement...
About time Voom said something
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Ok, Smithsonian has FAR less content than any one Voom channel. They, themselves, claim 75-100 hours total. That's 4.167 days at 100 hours. I just went through the entire 9 day guide, and it is the same stuff over and over.
While Voom, was most definitely repetitive, I dont know how I was ever going to watch everything that I wanted to see even IF THEY NEVER ADDED ANOTHER FRESH SHOW. I'm already done with about 20 hours of Smithsonian, so I should be done in another week or two (and I know that assumes that Smith never adds another new show, which, surely, should not be the case).
Again, surfing the guide SUCKS w/o Voom....
While Voom, was most definitely repetitive, I dont know how I was ever going to watch everything that I wanted to see even IF THEY NEVER ADDED ANOTHER FRESH SHOW. I'm already done with about 20 hours of Smithsonian, so I should be done in another week or two (and I know that assumes that Smith never adds another new show, which, surely, should not be the case).
Again, surfing the guide SUCKS w/o Voom....
There is no doubt there were 15 channels at the time the agreement was terminated. However, we still don't know the specifics of the funding requirement nor the pro-rated formula...just that VOOM claims they spent "millions in excess" of what was required in the agreement, with or without any pro-rated formula. The interesting read is VOOM's Summons and Complaint...just not sure what evidence, if any, they filed with the court when requesting the temporary injunction. It could be that VOOM has decided this matter is going to be litigated for years, like TiVo, and have decided not to renegotiate the affiliate agreement and hope for a huge payday down the road should the judge/jury side with VOOM.
I am just amazed at how two sides can see this matter so differently. If VOOM can prove, through various artifacts (email, letters, meeting notes, etc.) what they claim in their Summon and Complaint, then they should continue to pursue this matter.
Regarding the October 2007 Audit:
56. Althought EchoStar invoked its audit right on June 19, 2007, it waited until October 2007 - approximately three months after receiving the Spending Breakdown - to actually conduct an audit. At the conclusion of the October 2007 audit, EchoStar's lead auditor, Katherine Knight, found that all matters were in order and raised no issues or concerns.
57. Despite Ms. Knight's findings, after some delay, EchoStar once again, after some delay, subsequently alleged non-compliance with Section 10 and asserted a right to terminate the Affiliation Agreement based on spending that occured more than a year ago.
Again, if VOOM has artifacts pertaining to Ms. Knight's findings (a reports, witnessed statements she made to Rainbow Media, email, etc.) then Dish Network is in real trouble.
Additionally, Section A - The April 2005 Deal (para 29 - para 33) and Section B - The Affiliation Agreement (para 34 - 41) discuss the concept of VOOM21 as well as EchoStar's Distribution Obligation and The Termination Provisions and Spend Requirement.
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We do not know the specifics of the prorated formula but we DO KNOW it i based on 15 not the 21 you contended. We also know exactly how VOOM thinks it met th spending requirement----and that the court rejected that argument.
You keep trying to pick and choose items to prove that VOOM is somehow in the right. But the court did not do that they looked at all the argument sand madea ruling.
Now this is just a ruling ona preliminary injunction not a decision and depite the name the Supreme Court of New York is not the highest court there. Whatever happens at that level it can be appealed. But the court looked at everything you posted and found it lacking. Why do you persist in quoting only some of the record and tretending that the rest is not there. it is there.
Can the two of you agree to disagree on the 15 vs 21 channels debate? you've been battling each other for days over this one particular point. its like a ping pong match 
Can the two of you agree to disagree on the 15 vs 21 channels debate? you've been battling each other for days over this one particular point. its like a ping pong match
Grea tidea. My last post on the subject.
