DISH -VS- VOOM - A Settlement has been reached!
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[h=1]Attorney: Voom Was 'Betrayed'[/h] By: admin 2012-09-29 07:27:00
Voom HD finally got its day in court Friday, claiming that the now defunct programmer was betrayed by its former partner EchoStar when the satellite giant severed their relationship in 2008.
Voom sued EchoStar (now Dish Network) in 2008, shortly after the programmer canceled a 15 year carriage agreement , claiming that Voom had failed to meet spending requirements for the channels.
Voom has countered that it exceeded those requirements.
In opening arguments Friday, both sides showed that the case is basically one of semantics. Attorneys for each company spent a good portion of their opening statements talking about the definition of service -- Voom believes it entails it's entire business, while EchoStar claimed it meant only the programming it provided to the satellite giant.
That definition is key because of language that states Voom was required to spend $100 million per year on the service during the first five years of the agreement.
Read the rest at http://www.multichannel.com/news-article/attorney-voom-was-betrayed/139536
Voom HD finally got its day in court Friday, claiming that the now defunct programmer was betrayed by its former partner EchoStar when the satellite giant severed their relationship in 2008.
Voom sued EchoStar (now Dish Network) in 2008, shortly after the programmer canceled a 15 year carriage agreement , claiming that Voom had failed to meet spending requirements for the channels.
Voom has countered that it exceeded those requirements.
In opening arguments Friday, both sides showed that the case is basically one of semantics. Attorneys for each company spent a good portion of their opening statements talking about the definition of service -- Voom believes it entails it's entire business, while EchoStar claimed it meant only the programming it provided to the satellite giant.
That definition is key because of language that states Voom was required to spend $100 million per year on the service during the first five years of the agreement.
Read the rest at http://www.multichannel.com/news-article/attorney-voom-was-betrayed/139536
Attorney: Voom Was 'Betrayed'
By: admin 2012-09-29 07:27:00
Voom HD finally got its day in court Friday, claiming that the now defunct programmer was betrayed by its former partner EchoStar when the satellite giant severed their relationship in 2008.
Voom sued EchoStar (now Dish Network) in 2008, shortly after the programmer canceled a 15 year carriage agreement , claiming that Voom had failed to meet spending requirements for the channels.
Voom has countered that it exceeded those requirements.
In opening arguments Friday, both sides showed that the case is basically one of semantics. Attorneys for each company spent a good portion of their opening statements talking about the definition of service -- Voom believes it entails it's entire business, while EchoStar claimed it meant only the programming it provided to the satellite giant.
That definition is key because of language that states Voom was required to spend $100 million per year on the service during the first five years of the agreement.
Read the rest at http://www.multichannel.com/news-article/attorney-voom-was-betrayed/139536
I'm not a lawyer but in my dealings with negotiating contracts with vendors I know that if I wanted the $100 million per year to be spent on programming I sure as heck would have specified that in the contract so that there was no ambiguity.
I think the real betrayal was Voom's abject failure to sell their channels elsewhere. Profits from 3rd parties would have offset the sweetheart deal Dish made with Voom.
That wasn't a betrayal. It was just poor business, in general. It has nothing to do with this particular court case, though.
GaryPen said:
Except it's been mentioned that Voom is arguing that Dish didn't act in good faith. The same argument could be made for this.
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AMC Seeks $2.4 Billion From Dish Over Canceled HD Deal
By Don Jeffrey - Oct 1, 2012 2:58 PM ET
Charles Dolan, founder of Cablevision Systems Corp. (CVC), told a jury there’s “no question” its high- definition television service would have made money if Dish Network Corp. (DISH) hadn’t terminated their deal to broadcast it.
Dolan, 85, who is also chairman of Cablevision and AMC Networks Inc. (AMCX), was the first witness in the trial of a lawsuit in which AMC claims Dish wrongfully ended their TV programming contract, leaving it with “massive” losses.
Cablevision, AMC’s former owner, sued Dish in 2008 over a now-defunct HD satellite-TV service called Voom, claiming Dish breached their 15-year contract to offer the service to its subscribers. AMC seeks $2.4 billion in damages from Englewood, Colorado-based Dish, which was founded by Charles Ergen and formerly known as EchoStar.
Read the rest at http://www.bloomberg.com/news/2012-10-01/amc-seeks-2-4-billion-from-dish-over-canceled-hd-deal.html
By Don Jeffrey - Oct 1, 2012 2:58 PM ET
Charles Dolan, founder of Cablevision Systems Corp. (CVC), told a jury there’s “no question” its high- definition television service would have made money if Dish Network Corp. (DISH) hadn’t terminated their deal to broadcast it.
Dolan, 85, who is also chairman of Cablevision and AMC Networks Inc. (AMCX), was the first witness in the trial of a lawsuit in which AMC claims Dish wrongfully ended their TV programming contract, leaving it with “massive” losses.
Cablevision, AMC’s former owner, sued Dish in 2008 over a now-defunct HD satellite-TV service called Voom, claiming Dish breached their 15-year contract to offer the service to its subscribers. AMC seeks $2.4 billion in damages from Englewood, Colorado-based Dish, which was founded by Charles Ergen and formerly known as EchoStar.
Read the rest at http://www.bloomberg.com/news/2012-10-01/amc-seeks-2-4-billion-from-dish-over-canceled-hd-deal.html
Dish Audit of what was in $100 Million spend may get rejected.
This is big for dish.
If the judge rules bad, I bet dish will do something out of court.
http://www.nasdaq.com/article/updat...-dish-audit-counts-as-evidence-20121001-01447
Most of this stuff can be found near real time, just go to Google, then news and search on VOOM
This is big for dish.
If the judge rules bad, I bet dish will do something out of court.
http://www.nasdaq.com/article/updat...-dish-audit-counts-as-evidence-20121001-01447
Most of this stuff can be found near real time, just go to Google, then news and search on VOOM
I don't see that anywhere. The Judge ruled Dish must actually provide documents that they claimed were privileged however for the Judge to decide if they are admissible.
What I mean is Dish needs the Audit that is in there favor to be in as evidence else they have no way to prove Voom was short the $100 million.
In court evidence is all that counts, Charlie can say what ever, but with out proof it does not mean much.
Dish can claim all they want but with out evidence the Jury can not see that they were under $100 million.
One Audit shows they spent over a $100 million. An other one shows well under $100 million, it all depends on who did the audit.
If the ruling goes the wrong way Dish may re think and reach a deal now. It is normal to have rulings like this during all 3 weeks, this is when companies decide to reach a deal or not. This is normal "poker playing".
My prediction now is Dish pays $500 million plus signs an AMC 5 year contract with free On demand and a Voom best of pack for $4 ($3 paid to Voom) a month which includes Monsters HD (2-3 channels similar to an Epix package)
more
http://www.foxbusiness.com/news/2012/10/01/voom-judge-to-see-if-dish-audit-counts-as-evidence/
In court evidence is all that counts, Charlie can say what ever, but with out proof it does not mean much.
Dish can claim all they want but with out evidence the Jury can not see that they were under $100 million.
One Audit shows they spent over a $100 million. An other one shows well under $100 million, it all depends on who did the audit.
If the ruling goes the wrong way Dish may re think and reach a deal now. It is normal to have rulings like this during all 3 weeks, this is when companies decide to reach a deal or not. This is normal "poker playing".
My prediction now is Dish pays $500 million plus signs an AMC 5 year contract with free On demand and a Voom best of pack for $4 ($3 paid to Voom) a month which includes Monsters HD (2-3 channels similar to an Epix package)
more
http://www.foxbusiness.com/news/2012/10/01/voom-judge-to-see-if-dish-audit-counts-as-evidence/
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how do you see voom channels coming back? don't get me wrong, that would be awesome.
I agree that would be awesome, but there is NOTHING anywhere that says that's even a possibility. ScottChez is just pulling that out of the air.
I'd say that AMC coming back to Dish is a far greater possibility, but Voom has been put to bed by the Dolan's, and they have no reason to ever bring it back even if they win the full 2.4 billion dollars from Dish.
Scott Greczkowski said:McDonalds fries are a lot better though.
Politics, religion, sports, it all causes no anger to the level that your previous statement did. In the words of the immortal Daffy Duck, "This is war." Seriously, Burger King's are better, as are their chicken sandwiches, hash browns at breakfast, whoppers, and chicken tenders. Now go to Hungry Jack's (there isn't Burger King in Australia, it's called Hungry Jack's) and try the Aussie Burger. That beats the Whopper.
FatBurger beats them all. And way, way, way back, Jack-in-the-Box's Moby Jack was a lot better than McDonalds' Filet-o-Fish.
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2 views of Voom in Dolan v. Dish
By CLAIRE ATKINSON
Last Updated: 12:40 AM, October 2, 2012
Posted: 12:40 AM, October 2, 2012
Charlie Ergen was caught between a “rock” and a hard place when his Dish satellite-TV service agreed to carry Cablevision’s Voom channel package.
Cablevision founder Chuck Dolan testified yesterday that Ergen seemed “enthusiastic” about the high-definition service — with the notable exception of one rock-music channel, called Rave.
“There was a rock concert in Canada. He said we repeated it too often,” the 85-year-old Dolan testified. “Everyone knew Mr. Ergen didn’t like rock.”
Dolan was the first witness in a Manhattan state court trial over now-defunct Voom, which cost Cablevision a half-billion dollars back in 2007.
Read the rest at http://www.nypost.com/p/news/business/views_of_voom_in_dolan_dish_08fKVsWokwXTOIkPijnk5I
By CLAIRE ATKINSON
Last Updated: 12:40 AM, October 2, 2012
Posted: 12:40 AM, October 2, 2012
Charlie Ergen was caught between a “rock” and a hard place when his Dish satellite-TV service agreed to carry Cablevision’s Voom channel package.
Cablevision founder Chuck Dolan testified yesterday that Ergen seemed “enthusiastic” about the high-definition service — with the notable exception of one rock-music channel, called Rave.
“There was a rock concert in Canada. He said we repeated it too often,” the 85-year-old Dolan testified. “Everyone knew Mr. Ergen didn’t like rock.”
Dolan was the first witness in a Manhattan state court trial over now-defunct Voom, which cost Cablevision a half-billion dollars back in 2007.
Read the rest at http://www.nypost.com/p/news/business/views_of_voom_in_dolan_dish_08fKVsWokwXTOIkPijnk5I
UPDATE: Voom Judge to See if Dish Audit Counts as Evidence
--Judge to review Dish Network documents as potential evidence
--Hearing focuses on nature of AMC's investment in Voom
--Trial is result of years-long standoff over Voom
(Adds share price at bottom and background.)
By William Launder
Dish Network Corp. (DISH) faced another potential setback Monday in its legal battle with AMC Networks Inc. (AMCX), when a judge said he would decide whether documents describing AMC's investment in the now-defunct Voom high-definition television channels can qualify as admissible evidence.
Judge Richard B. Lowe III of the New York State Supreme Court ordered Dish's attorneys to submit the documents, including a 2007 audit and a due-diligence report conducted by Dish, then known as EchoStar Communications Corp.
AMC's attorneys argue that the documents may contain crucial details on AMC's agreement to invest $500 million in Voom over five years as part of a distribution deal with Dish, a key point of contention in the standoff.
Read the rest at http://english.capital.gr/News.asp?id=1629150
--Judge to review Dish Network documents as potential evidence
--Hearing focuses on nature of AMC's investment in Voom
--Trial is result of years-long standoff over Voom
(Adds share price at bottom and background.)
By William Launder
Dish Network Corp. (DISH) faced another potential setback Monday in its legal battle with AMC Networks Inc. (AMCX), when a judge said he would decide whether documents describing AMC's investment in the now-defunct Voom high-definition television channels can qualify as admissible evidence.
Judge Richard B. Lowe III of the New York State Supreme Court ordered Dish's attorneys to submit the documents, including a 2007 audit and a due-diligence report conducted by Dish, then known as EchoStar Communications Corp.
AMC's attorneys argue that the documents may contain crucial details on AMC's agreement to invest $500 million in Voom over five years as part of a distribution deal with Dish, a key point of contention in the standoff.
Read the rest at http://english.capital.gr/News.asp?id=1629150
This has to be a stalling tactic by Cablevision in order to put more pressure on Dish to settle. Cablevision knew about these documents for years, so why do they call them into question now? The audit results have been widely reported by the press.
Almost sounds like Cablevision is referring to previous audits. If it was the failing audit, I wouldn't think Dish would call privilege. I think Cablevision is trying to show Dish took the overhead in past audits.
It appears that Dish is trying to assert priviledge over the audit results while trying to introduce into evidence summary report(s) stating Voom did not meet the spend requirement. WTF? "Hi, we conducted an audit in 2007. We're not going to share those results with the court because they make us look bad...er, are privedged business communications, however, we would like a submit into evidence a summary report from Jimmy Shimsham stating he reviewed all audit findings and concluded there is no way Voom met the $100M spend requirement based on no specific information other than his expert qualifications. Is this what they are tyring to do?
It's a moot point since Voom has introduced into evidence their financials in addition to artifacts from the audit. Old news from long ago:
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