Art Bell Quits Dark Matter

[Falkie2013]

I wonder if they came and got all the equipment they gave Art ?  They did build him a studio right?

www.youtube.com/watch?v=bFUYcBslza8

[Meanandnasty]

Let's consider what a contract is about, it's an agreement the law will enforce. The contract defines what both parties will do to comply and when compliance fails it is called a breech. When one party fails to perform as promised and is in breech the contract will usually define what remedy exists for the injured party. But the clauses and the remedies have to be lawful and reasonable.

From what Art has described, that problems existed from the start, this contract seems compromised by performance and issues of breech by both parties. It is unreasonable to pick select clauses and say I won't comply with this but I will comply with that and still consider the contract as a whole. Under these circumstances it would be very unlikely that any court would enforce the noncompete agreement or interpret it to include a free internet stream from Art's web site.

It's not a matter of honesty or dishonesty relating to the noncompete, it's a matter of what is reasonable Art. My legal opinion is that enforcement under the described facts would not be reasonable. I think you would be able to proceed with the show online.

Agreed, looking at the contract as a whole it would not be reasonable.   That is why I inquired if he is getting sufficient advise in contractural areas.  You know that Sirius is going to CYA on this. 

[Uncle Duke]

What does it matter? This has nothing to do with George.

I think Art can answer for himself.

[SaucyRossy]

Art...

We are not haters....

The only reason this forum exists is because your program made a special connection with all and each of us...

We have waited 10 years for you...And after only 6 weeks you quit! And then you say -- state--- that you will comply with the NC clause?
And you really think, that we wont say much about it?
When those among us with legal experience say say NC clauses-- can-- be challenged?

The real problem, primary problem,  this forum has with you, is that you really arent keeping people informed...until the last few hours.

And in that vacuum you do indeed appear as a serial quitter...

And your embrace of that NC clause....seems odd...

I agree with your central thesis: Sirius emphasises transmission to moving vehicles over  "table top"  reception. That in turn, handicaps listener involvement, which you find essential to a quality program. Further, their streaming player itself  is intrinsically buggy.

And to say -- theres lots going on which you dont know about-- Well , Art, you can tell us something, but you have chosen not to, havent you?
Why?  Dont you think after all this time, we deserve something of an explanation?

If you want the goodwill of this forum, just keep us informed. Its that simple.

But dont blame us.
Because there is only one person to blame....

And hopefully this will be positively resolved on Tuesday / Wednesday.

Its all fricken nuts.

Are you Falkies twin???

[Jnthn932]

Art, you still haven't answered my college football question. It is imperative that I get an answer ASAP. I mean, you know, since you're obviously not busy at all. 

[Bigfoot]

Anyone out there have Scott Greenstein on speed dial?  We should tweet Howard about this.

Tweet to Howard and ask how all his fans manage to work that darn magic electric online streaming thingamajig.

[Meanandnasty]

Mr. Bell if you could have any outcome in the whole universe and beyond, how would you like for this to play out? 

If you believe, so shall it be!

Now, I am literally reading this entire thread and I am just on page 101.  I must return to my previous pages. 

[maren]

I don't get those who don't get Art honoring the NC.  Isn't that a legal agreement?  If he just popped up elsewhere and began a new show, wouldn't he get sued?   I'd guess if there's a legal way out of it he's pursuing that option. 

[steelbot]

Art...have you  tried to speak with the man who brought you into SXM in the first place ?


Please re-read page 242

                                                                                       Art

I think...http://bellgab.com/index.php?topic=5069.msg185318#msg185318 but still just click art's posts and read them for his side of things form your own judgments on the events folks...

[Falkie2013]

Anyone out there have Scott Greenstein on speed dial?  We should tweet Howard about this.

We could all go out and buy stock in sirius and raise hell as stockholders.
Can you just see their annual meeting when thousands of AB fans show up ?
And I have used this tactic with companies when they wouldn't budge on issues.
It works.
For some reason, they're afraid of stockholders raising hell.
Shell wouldn't give me a Shell card. Citibank owns the Shell card. I finally got one because I called up corporate as a stockholder and raised hell about it.
Nordstrom did the same thing and I got my Nordstrom card that way and have gotten bad service issues taken care of by calling corporate as well.
I've done the same with A T & T when I had stock with them.


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[SaucyRossy]

Art, I think the real question we all want answered here is if Linda Moulton Howe is a babe in person?

[Snowdoggie]

Ya mon. They are the Joe Pescis of the dog world.

[attachimg=1]

I say we send the pug out to the XM/Sirius offices to demand an answer. That will intimidate them a whole lot more than any lawyer would.

[BobGrau]

Art's Barks!

...doesn't really work. Art Imparts?

Bell's Yells.

[jazmunda]

Now, I am literally reading this entire thread and I am just on page 101.  I must return to my previous pages.

SPOILER ALERT!

We're still waiting. No word from Sirius as yet.

[HaveAccess]

Honest to Gawd Producer Paul...youve been outstanding

[Falkie2013]

Bell's Yells.

Send Arts cats to threaten them.

If they also bark that would really frighten them.

[georgesucks]

Art, Why did you give us the middle finger by quitting? Yes the stream may suck just like Mr Noory but I just had to hit play again on my computer. I had no problem. I just guess that you really just what a "lame" reason to quit. I do really want you on the air. I really do enjoy hearing you on the air. I am mad that you quit.

[BobGrau]

Honest to Gawd Producer Paul...youve been outstanding

+1

[Bigfoot]

I don't get those who don't get Art honoring the NC.  Isn't that a legal agreement?  If he just popped up elsewhere and began a new show, wouldn't he get sued?   I'd guess if there's a legal way out of it he's pursuing that option.

They let him out of the employment contract, why not the NC? Why not at least try?  Couldn't hurt to ask. 

Or... you know, lawyer up.

[Falkie2013]

SPOILER ALERT!

We're still waiting. No word from Sirius as yet.

I guess they read upside down in Australia.
That's why its taking him so long to read the pages.

[jazmunda]

Nice Try Jaz but we all know it was your fault the show was cancelled whether or not Art Bell himself exonerates you.

I guess I will just live out the rest of my days in the depths of despair until I am exonerated by Art Bell himself.

What have I done?! Oh the humanity.

[tertiaryimam]

HOAGLAND IS AT IT AGAIN:

Quote from an interview with some Australian guy on a website:

HOAGLAND: "The night that was his final show where he refused to go on unless sirius acceeded to some reasonable terms to get his audience back, of all the things that happened is they played my show with art again. So I called him up and said 'what the hell is this' and art said 'i had nothing to do with it. the ceo of sirius picked that show.' MAKE OF THAT WHAT YOU WILL."

[dortmunder]

That Hoagland bit does put a whole new perspective on this. Might the first time I've heard him sound halfway reasonable. I'm beginning to feel more and more that it was actually Sirius that screwed the pooch here.

[Colorado ESQ]

We have waited 10 years for you...And after only 6 weeks you quit! And then you say -- state--- that you will comply with the NC clause?

When those among us with legal experience say say NC clauses-- can-- be challenged?

And your embrace of that NC clause....seems odd..

Not only can the NC be challenged, under these circumstances it would be unreasonable to enforce it and I doubt any court would enforce it. There may be issues of monetary recovery, but enforcement of a two year restraint of employment arising out of a mere 6 weeks of problematic employment with possible issues of breech is unreasonable and unlikely.

[jazmunda]

I guess they read upside down in Australia.
That's why its taking him so long to read the pages.

I think you have your nationality of your posters mixed up. I'm the Aussie. Meanandnasty likes My Little Pony.

[maren]

They let him out of the employment contract, why not the NC? Why not at least try?  Couldn't hurt to ask. 

Or... you know, lawyer up.

True, but how do we know he hasn't asked?  I hope he has, anyway. 

[RealCool Daddio]

I am not crazy about the way some things have been handled, they canned Paul without so much as a Human voice
doing the job and he had been trying to get a handle on the streaming mess every day. Now they take the tactic of simply
not responding in any way to ALL forms of communication the modern World has.

At least I spoke to them like people in a normal business relationship. I am telling you there is something else in the works.                                                                                                                                   Art

Gosh, Art, if you really want to make things work with Sirius, implying that they are being devious in their dealings with you, or have been less than fair, is probably not the right way to go.  In fact, a little humble contrition on your part might go a long way.

[AppealPlay]

That Hoagland bit does put a whole new perspective on this. Might the first time I've heard him sound halfway reasonable. I'm beginning to feel more and more that it was actually Sirius that screwed the pooch here.

Was just about to post this myself.  Hoagland was unusually cogent in his explanation.  I don't think he knows any more than we do, of course, but he summed it up well.

I'd love to know what SiriusXM promised contractually to provide reference internet/mobile streaming.  I wonder if a decent case could be made that SiriusXM did not hold up their end of the contract on streaming...

[indigoo]

Let's consider what a contract is about, it's an agreement the law will enforce. The contract defines what both parties will do to comply and when compliance fails it is called a breech. When one party fails to perform as promised and is in breech the contract will usually define what remedy exists for the injured party. But the clauses and the remedies have to be lawful and reasonable.

From what Art has described, that problems existed from the start, this contract seems compromised by performance and issues of breech by both parties. It is unreasonable to pick select clauses and say I won't comply with this but I will comply with that and still consider the contract as a whole. Under these circumstances it would be very unlikely that any court would enforce the noncompete agreement or interpret it to include a free internet stream from Art's web site.

It's not a matter of honesty or dishonesty relating to the noncompete, it's a matter of what is reasonable. My legal opinion is that enforcement under the described facts would not be reasonable. I think Art would be able to proceed with the show online.

Sounds more like you're taking a wild guess at it. Do we even know if the streaming was so contingent on Art signing the contract? As many have pointed out, the issue may have been there, but how rampant was it? I never had issues; it's hard to say if the issue was Sirius or the user.

Wishful thinking.

What's in the works, by the way, is a company moving on from an impulsive, unreliable business decision. It's just that, business. Art messed it up big time by going "all in" when really, maybe things could have been worked out before throwing it all to the shit pile. Maybe if he had the idea of suggesting an independent deal prior to quitting, it would have been swift and not a problem.

[Bigfoot]

HOAGLAND IS AT IT AGAIN:

Quote from an interview with some Australian guy on a website:

HOAGLAND: "The night that was his final show where he refused to go on unless sirius acceeded to some reasonable terms to get his audience back, of all the things that happened is they played my show with art again. So I called him up and said 'what the hell is this' and art said 'i had nothing to do with it. the ceo of sirius picked that show.' MAKE OF THAT WHAT YOU WILL."

holy shit guys

SIRIUS KNOWS ABOUT THE MOON