A few thoughts:
A lot of this depends on the interpretation of the word "service". I tend to agree with Dish's position. The service they were paying for was programming. Not Voom's office space or some programing executive. The $100M, to me, is for programming. Why else was the word "service" added?
On the subject of overhead, I also wonder how much general Rainbow Media (IFC, AMC, WE) overhead might have been included in Voom overhead, even if you buy the "including overhead" argument.
Was the $100M for 15 or 21 channels? All Dish ever carried was 15 channels. Had they agreed to carry all 21 before the agreement? Seems to me Voom may be coming up with it's own interpretation.
A lot of you are trying to say Dish's non-repeat HD programming complaint caused Voom to go downhill, and point to increased complaints as evidence. Don't confuse correlation with causation. There were other things that may have caused increased complaints. For one, this was around the peak of Dish Voom subs. There were more people watching, thus, more complaints. Of corese hardly anyone was complaining about it at the beginning because only 20k people were able to get them. Also, this was close to the Direct HD explosion. There was suddenly a lot more HD programming out there. People weren't going to complain when Voom was practically their only HD option. But as it looked like Voom was blocking Sci Fi HD, USA HD, Travel HD, etc, the complaints ramped up. I remember the same endless loop of Thunderbirds and UFO on Family Room before and after Nov. 2007.
Lastly, please stop the "Bring back Voom" threads/replies. This should be plenty of evidence that Voom will be gone regardless of the outcome of this lawsuit. Rainbow just wants cash now.