Art Bell Quits Dark Matter

[Scully]

As I feared.  And I agree with the learned attorney, no one should look down on Art if he decides to not fight the NC if it's going to break him.  The man has a wife and children to consider.

He doesn't have to fight it all the way to the Supreme Court.  Testing the waters would be enough to start with.  Cases can be dropped if they get too expensive.

Art said he would be glad to pay for the studio equipment Sirius provided him so he can stream a show.  That's probably a good-sized financial commitment on his part.

Just depends on how much money all this would cost, and what Art's willing to put into it.

[FallenSeraph]

I have been talking to my friend who is an entertainment atty that has been working in LA for over 25 years and in that time he has represented many 'top names' in the 'biz'. His words to me have been...Non Competes are VERY HARD to enforce for the full duration (in Art's terms 2 full years). In a court of a law a judge will deem that to be too long to be 'reasonable' for Art to be able to do what he does i.e. broadcast radio. The only way they can BE ENFORCED is if Art received full compensation or extra compensation for the full term (buyout) of his contract. This is what happened when he left Premiere and thus had to stay off the air. That being said, he forfeited his SXM salary and has not had full or extra compensation from SXM. My Ent. atty friend said that the most any judge would hold him too would be no more than 6 months and probably given that he was on the air for 6 weeks and cited 'streaming' problems that were never addressed by sxm...a judge would rule he would be free and clear of any NC. A good Ent. atty would be able to litigate this in a few weeks and Art would either have to sit and wait a few months or could get right back to work immediately.

The fact that sxm replaced his show with c2c (I know the times slots differ a bit) and c2c streams their show from their site as well as archives their shows on their own apps...this is enough reason for an atty or judge to rule in favor of Art being able to begin work right away and not have to wait 2 FULL YEARS! Art offered sxm the same thing that c2c does...non-exclusive content streamed from other sources. sxm said NO to ART and YES to c2c. No judge in the land would make Art sit on the sidelines for 2 full years.

This is not conjecture...this is full disclosure from a very reputable entertainment atty who knows his stuff! Big time!

All Art needs to do is fight it and he will be able to 'win his freedom!'

I hope he wants it!

I hope he wants back on the air!

Fingers crossed!

Go get 'em Art! The law is ON YOUR SIDE!!!!!!!!!!!

I don't think he really wants to fight it. And I love Art, but I'm tired of begging him to.

There just seems to be a lack of passion for it. And again, don't get me wrong -- I love the guy and I've always loved the guy. I just think he's over and out for a while.

[IcicleTrepan]

Hi Icycle.

What is your opinion of how the Misfits stack up to later Danzig?

I was trying to get through to ask Art bell this but fucking line cut me off.

I never really got into the later Danzig stuff, so I can't compare it personally.  I love the old misfits stuff, but there are some wicked Danzig songs too.  To me they are very different styles but both are good.  I am just not as familiar with Danzig's other works

[tertiaryimam]

He doesn't have to fight it all the way to the Supreme Court.  Testing the waters would be enough to start with.  Cases can be dropped if they get too expensive.

Art said he would be glad to pay for the studio equipment Sirius provided him so he can stream a show.  That's probably a good-sized financial commitment on his part.

Just depends on how much money all this would cost, and what Art's willing to put into it.

What does everyone think Sirius's angel on this would be? As in, what benefit would it be to them to hold art to the non-compete so long as he doesn't go head to head with George Noory?

[Xavier]

I've bolded the most encouraging parts of this encouraging post!  Thanks, Redwolf

I wouldn't take legal advice from a guy who knows a guy and posts on a message board. 

[Falkie2013]

BTW, just because it's understandable that Art wouldn't fight the NC doesn't mean I don't think he's full of shit.

I don't know what the hell was really behind this whole clusterfuck, but a few things stand out:

A) A lot of this comeback was motivated by Art's desire to get back at Premiere and C2C.

B) Art wasn't terribly committed to this.

C) Art isn't too happy the way this has turned out.

D) Noory is full of shit

A) Noory is a liar.
B) Noory is an opportunist.
C) Noory is ungrateful.
D) Noory will do anything to keep his job.
E) Noory promises to help people and doesn't follow through and lies about how much HE cares.
F) Noory is a lying, opportunistic, ungrateful, self promoting, re-nigging sob that is also full of shit.

[tertiaryimam]

I never really got into the later Danzig stuff, so I can't compare it personally.  I love the old misfits stuff, but there are some wicked Danzig songs too.  To me they are very different styles but both are good.  I am just not as familiar with Danzig's other works

A lot of Danzig is uneven, to be honest. When he's good it gives me chills, but then there's some laughable shit he does. I can't fucking believe he decided to work with Timbaland, the rapper guy. That was the most amazingly dumb shit I ever seen in my life. My gawd, Mr. Zig, what were you thinking?

[tertiaryimam]

I wouldn't take legal advice from a guy who knows a guy and posts on a message board.

That's exactly how I got 450 hours of community service reduced to 200. Go get 'em art! Message board lawyers all the way!

[Uncle Duke]

He doesn't have to fight it all the way to the Supreme Court.  Testing the waters would be enough to start with.  Cases can be dropped if they get too expensive.

Art said he would be glad to pay for the studio equipment Sirius provided him so he can stream a show.  That's probably a good-sized financial commitment on his part.

Just depends on how much money all this would cost, and what Art's willing to put into  it.

Exactly.

[Falkie2013]

I wouldn't take legal advice from a guy who knows a guy and posts on a message board.

Well, I know several attorneys including the former DA of San Francisco who is a family friend.
My Mother nursed members of his family when they were ill and she's known them for years.
And they're very big on correcting injustices.
Maybe I can ask them to recommend someone for Art.
I'll see what they say.

[Scully]

I wouldn't take legal advice from a guy who knows a guy and posts on a message board.

Neither would I, but this bears checking into.  For sure.  No need to assume the worst.

[Mind Flayer Monk]

As an attorney, let me assure you that a competent entertainment lawyer(really a firm)...one that actually gives you a good chance of beating the non compete...is going to cost 10's of thousands of dollars. Of course, maybe Art has an agent (attorney) who's competent in litigation (doubtful but possible)...that might cut costs substantially. But, the point is, fighting a billion dollar + company with a fleet of attorneys on call is not just something you do to prove a point.

As others have mentioned, non compete clauses are not looked on favorably as they are a restraint on person's ability to make a living. They have to be very limited to really hold up, and I have serious doubts whether a court would enforce the clause.

So, don't be so down on Art for not fighting the NC.

Art would probably have to drop $20k just to get a venue/court to fight this in.

The last place you want to be is in SiriusXM's court, with the judge that attends SiriusXM exec's kid's birthday parties, bar mitzvahs, and guess what their daughters play on the same youth soccer team.

[Snowdoggie]

He doesn't have to fight it all the way to the Supreme Court.  Testing the waters would be enough to start with.  Cases can be dropped if they get too expensive.

Art said he would be glad to pay for the studio equipment Sirius provided him so he can stream a show.  That's probably a good-sized financial commitment on his part.

Just depends on how much money all this would cost, and what Art's willing to put into it.

Many of these cases get settled out of court before a whole lot of money is spent. Usually during the discovery process while some money is being spent. The question is how much is XM/Siruis willing to spend to enforce the agreement. Is it really worth it to them to keep Art from streaming from his own website?

[shell88]

As others have mentioned, non compete clauses are not looked on favorably as they are a restraint on person's ability to make a living. They have to be very limited to really hold up, and I have serious doubts whether a court would enforce the clause.

So, don't be so down on Art for not fighting the NC.

So what's the bad part about the above quote Stan? I read both positive and negatives into your whole quote.

[BobGrau]

I sent this to Art along with some comments on other things.

No offence my usually-longwinded friend, but this made me looooool so hard!

[IcicleTrepan]

A lot of Danzig is uneven, to be honest. When he's good it gives me chills, but then there's some laughable shit he does. I can't fucking believe he decided to work with Timbaland, the rapper guy. That was the most amazingly dumb shit I ever seen in my life. My gawd, Mr. Zig, what were you thinking?

That does sound awful lol..  I heard a cover song he did recently and I was surprised by how bad it was, because the man can clearly sing better than most.  Can't recall the name of the song, but maybe it just wasn't in his range.

[Uncle Duke]

What does everyone think Sirius's angel  on this would be? As in, what benefit would it be to them to hold art to the non-compete so long as he doesn't go head to head with George Noory?

Sounds like a Noorian Slip.

Seriously, I think SXM would do it simply out of spite for the all the grief this whole thing has caused them, knowing the can spend him into the ground if they choose to.

[samdean]

So counselor, we both agree I didn't call you a lair. Good.  Am I skeptical of claims I read on an internet blog/bulletin board?  Sure I am, people misrepresent themselves all the time.  If that offends you, I'm sorry.

I learned two things over the years working with/around lawyers.  First, you put ten of them in a room and ask for a legal position, you'll get ten different opinions unless one or more of them are in that room with their boss.  Second, attorneys get very defensive when challenged by non-attorneys.

No, we don't both agree on that at all.  I actually said you DID call me a liar, which you did.

I was simply pointing out to you that you do not have to use the word liar to call someone a liar.

Such as me telling you that your denial is not honest.

Did I just call you "a liar".  Semantically... no, but actually, yes.

Lawyered... again.

[Producer-Paul]

Art is so right, Sirius will be done in about three years, podcasting is the new business model.

I have to agree in many respects, (not necessarily that anyone will be "done" but...)

My daughter who is now 16, said that when we finally
get rid of our 10+ year old cars,  she wants to make
sure the replacements can play MP3s... 
Connect with Bluetooth so she can STREAM PANDORA (or?) through the
vehicle's audio system using her LTE phone.  (They can do that now?)

I asked her about sat radio and broadcast radio.
Her answer?  "Not interested,  too much yapping".

What a world...

[maren]

I think I understood that part, and it makes sense for them to want to get on with whatever was to come next. What I am still missing is how this relates to him not making his big stand BEFORE the initial 30 day opt out of his contract passed.

He didn't have to opt out before thirty days, but at ANY TIME during the contract, he was required to give 30 days notice.  He could have said he was quitting a year in, and "I'll be gone in 30 days". 

And if I'm not getting what you're saying, hopefully someone will come along who will clear it all up for both of us.

[tertiaryimam]

That does sound awful lol..  I heard a cover song he did recently and I was surprised by how bad it was, because the man can clearly sing better than most.  Can't recall the name of the song, but maybe it just wasn't in his range.

He covered Some Velvet Morning by Lee Hazledon. It made me sick.

[ItsOver]

Sounds like a Noorian Slip...

Portals came to mind. 

[Falkie2013]

What does everyone think Sirius's angel on this would be? As in, what benefit would it be to them to hold art to the non-compete so long as he doesn't go head to head with George Noory?

Who Put The Stump (angel with tree up its butt) READ INFO!!

The official AB Christmas song ?

[Scully]

So what's the bad part about the above quote Stan? I read both positive and negatives into your whole quote.

Same reaction here, Shell.  Said what???

[zeebo]

Well, I know several attorneys including the former DA of San Francisco who is a family friend.
My Mother nursed members of his family when they were ill and she's known them for years.
And they're very big on correcting injustices.
Maybe I can ask them to recommend someone for Art.
I'll see what they say.

+1 

Art is a national treasure, and he must be freed from his legal shackles.  His non-compete clause is an undue hardship on him, his family, and all of us fans who deserve, in these challenging times, to have the solace and joy of a friggin great radio show.  Let the fight begin!

[Stan_Holeman]

What does everyone think Sirius's angel on this would be? As in, what benefit would it be to them to hold art to the non-compete so long as he doesn't go head to head with George Noory?

Depends if they're pissed at Art. It looks to me as if they are--not returning his calls, giving a substantially similar deal to Noory, signing up C2C so quickly, putting C2C on his channel during a portion of his slot...  And, it may be justified on their part. It looks to me like Art didn't have his heart in this and then blamed Sirius as a reason to back out of his contract. Why not just quit? Why the need to make Sirius look bad?

But, if they're pissed at Art, it doesn't have to get appealed to waste a year's time before they get to trial. Civil litigation is a slow process and easy to prolong if one side wants to. 

[tertiaryimam]

Sounds like a Noorian Slip.

Seriously, I think SXM would do it simply out of spite for the all the grief this whole thing has caused them, knowing the can spend him into the ground if they choose to.

I apologize in advance if you've already answered this somewhere, but do you think Sirius will actually go to war with art over this?

[ItsOver]

...What a world...

That covers it. 

[samdean]

I have been talking to my friend who is an entertainment atty that has been working in LA for over 25 years and in that time he has represented many 'top names' in the 'biz'. His words to me have been...Non Competes are VERY HARD to enforce for the full duration (in Art's terms 2 full years). In a court of a law a judge will deem that to be too long to be 'reasonable' for Art to be able to do what he does i.e. broadcast radio. The only way they can BE ENFORCED is if Art received full compensation or extra compensation for the full term (buyout) of his contract. This is what happened when he left Premiere and thus had to stay off the air. That being said, he forfeited his SXM salary and has not had full or extra compensation from SXM. My Ent. atty friend said that the most any judge would hold him too would be no more than 6 months and probably given that he was on the air for 6 weeks and cited 'streaming' problems that were never addressed by sxm...a judge would rule he would be free and clear of any NC. A good Ent. atty would be able to litigate this in a few weeks and Art would either have to sit and wait a few months or could get right back to work immediately.

The fact that sxm replaced his show with c2c (I know the times slots differ a bit) and c2c streams their show from their site as well as archives their shows on their own apps...this is enough reason for an atty or judge to rule in favor of Art being able to begin work right away and not have to wait 2 FULL YEARS! Art offered sxm the same thing that c2c does...non-exclusive content streamed from other sources. sxm said NO to ART and YES to c2c. No judge in the land would make Art sit on the sidelines for 2 full years.

This is not conjecture...this is full disclosure from a very reputable entertainment atty who knows his stuff! Big time!

All Art needs to do is fight it and he will be able to 'win his freedom!'

I hope he wants it!

I hope he wants back on the air!

Fingers crossed!

Go get 'em Art! The law is ON YOUR SIDE!!!!!!!!!!!

^^^^ This... 100% true ^^^^

[Scully]

Many of these cases get settled out of court before a whole lot of money is spent. Usually during the discovery process while some money is being spent. The question is how much is XM/Siruis willing to spend to enforce the agreement. Is it really worth it to them to keep Art from streaming from his own website?

My humble opinion is that they have no real reason other than for spite to give a damn about Art doing a stream.

I could be wrong, and they could be spiteful.