This debate is just going in circles. There is no objective definition of what is an acceptable level of new programming. Some posters saw too little and some saw enough. But endlessly citing that thee was some new HD really doesn't solve anything---nor does posting that there was NOT enough.
I agree...and it will only continue to go in circles until there is a court ruling. In another thread, I mentioned VOOM should close-out E*'s equity ownership of VOOM HD Networks LLC (both parties admit VOOM has been losing money), transfer assets to Rainbow Media, and transform the former VOOM product (channels, programming, operations, marketing, etc.). Otherwise, VOOM will effectively be awaiting the Death Sentence while the folks at CableVision wait for a verdict. Domestically, VOOM will exist only on Cablevision and they will loop content for the next year or two since it makes no sense to spend money on something you are killing. As we all know, VOOM dying a slow death will only bolster their case against E* should the court rule in their favor.
The only thing to really debate is whether VOOM met the spend requirement---but that was based on $ not hours of HD content. And we have already seen that folks pretty much line up in the normal pro or anti VOOM camps on that one.
I see the case as consisting of two issues: EchoStar states VOOM failed to meet the Section 10 Spend Requirement, and they also claim VOOM failed to Certify Section 4 compliance requiring XX amount of hours of non-repetative programming per month by channel type. VOOM says they exceeded the Spend Requirement and Certified programming as per Section 4.
Reading through the nonsense regarding the repetitive programming...I get the feeling VOOM did not certify programming for certain months, as required under Section 4 of the Affiliation Agreement, because (as VOOM claims) EchoStar demanded the repeat programming (against VOOMs protest). VOOM later claims this was apparently done by E* to devalue VOOM programming, cast VOOM in a negative light to Dish Network customers, and make the public outcry easier for E* to deal with when (according to VOOM) they planned to terminate the Affiliation Agreement because they no longer liked the terms of the 15-year contract. VOOM even stated that EchoStar demanded better terms or they were going to find a way to terminate the agreement.
My bottom line:
E* illegally terminated the Affiliation Agreement because, IMO, it will cost them less in the long run to litigate the matter than to pay VOOM more than 1 billion in affiliation fees dollars over the next 12-years.
E* signed a bad agreement (paying a premium 2005 price for HD for then next 12 years when HD is no longer a premium service) and wanted a better deal. What was Charlie thinking when he signed that deal? I guess he was thinking VOOM was going to market the channels like they did the Rainbow Media ones (AMC, IFC, WE, Fuse) and get a better deal down the road (Best Customer status), and perhaps a nice share of the profits should some of the VOOM channels like Monsters, Equator and RAVE become widely distributed.
VOOM was happy with the Affiliation Agreement (it was a very sweet deal for them), they did not wish to renegotiate the contract, and they had no incentive to market VOOM to D*, Cable or the Telcos since, contractually, they were required to offer similar terms to E*. That's why VOOM would not break up the 15-channel lineup, and it's why they were still charging 2005 prices for their HD programming.
VOOM is pursuing the case because there is a lot of money at stake, and they like their odds of prevailing in the courtroom. Cablevision appears to be killing off VOOM (sticking the entire 15-channel lineup on Cablevision only) because marketing the channels may only hurt their case against E*. Again, this is my opion which I base completely on my interpretation of the few facts presented, along with a little common sense.
Both E* and VOOM have screwed over their customers to various degrees for the reason I just mentioned. It's no longer a matter of which one is the scumbag...it's a matter of which company is the biggest scumbag.
Of course, my opinion is just that...MY OPINION. Without having access to Confidential Information, just about all options other than the "VOOM Sucks" or "VOOM Rocks" are just as valid...but mine is the only one that matters to me.
Finally, I love debate and respect people, like Geronimo, who have formed different opinions, but are respectful of others and post facts to support their position. If unhappy VOOM customers are blaming E* 100% for dropping VOOM HD...don't! E* made a calculated business decision whether you like it or not. Besides filing a complaint with E*, you should further voice your displeasure by cancelling your service and signing up with another provide, if possible. Similarly, if you want VOOM on D*, Cable or FiOS, then you should place a call into VOOM HQ, (212) 324-8500 and ask to speak to following individuals:
Josh Sapan (President & CEO Rainbow Media Holdings LLC)
Rob Battles (SVP, Creative Services Rainbow Media Holdings LLC)
Greg Moyer (General Manger, VOOM HD Networks)
Glenn Oakley (Business Development, VOOM HD Networks)