Art Bell Quits Dark Matter

[dortmunder]

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...

They can do that now, Paul. Even relatively cheap new economy cars often come with that as part of the package. You can stream and play anything through your device-also hands free calling. No need even to have an external GPS anymore, just download a good app, the car will handle the rest. The future is now.

[tertiaryimam]

What's the likelihood Premiere paid Sirius a heaping mountain of dough for all this shit, and gave them a guarantee that should art try any funny stuff they'd pay all the lawyers necessary to keep him silent for the next two unbearable years?

[samdean]

OK all you real attorneys, if Art does fight this, what is the potential he wins the battle but loses the war?  I'm sure Art is well off, but I can't imagine he has the financial wherewithall to fight a protracted suit against the corporate deep-pockets of SXM.  Yes, I understand that assumes SXM would go to the wall, but this whole thing will have apparently gotten to that level on both sides if Art is forced to sue.  Principle is one thing, financial insolvency is quite another.

If his goal in such a fight is to free himself to produce a webcast program, is there enough money in same to recoup the small fortune he might be forced to spend to get there?  I suppose one could make the arguement if the NC is voided, he could go back on the air with another free, over-the-air network, assuming some network was willing to take the risk.  Sounds like Cumulus might be first in line, based on previous posts.

It is a fairly easy fight, not very costly at all.  The only thing they would be fighting over is whether the NC clause is valid, which it very likely is not.

No real discovery involved, not a long protracted trial.  Just a hearing in front of a judge and a decision.

[IcicleTrepan]

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

Haha I think that's the one I heard too!  It was a duet and it was baaad

[Uncle Duke]

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.

*laughs* Yeah.  Guess I'll never learn.

Seriously, as long as you're here, care to give an opinion on the question of whether fighting the NC is fiscally viable if SXM opts to go to the wall?

[ItsOver]

... Civil litigation is a slow process and easy to prolong if one side wants to.

That's my thought.  The legal process usually isn't known for speed.  Especially if one party has no need to see it quickly resolved.

[BobBlahBlah]

Sirius will be gone when Howard Stern's contract expires. I've had it for years and it's super limited. For example, if i listen to it in my home, I need my antenna  to be close to the window. You have to pay extra to have it on your computer streaming. Ask Dr. Laura how her career has gone since she started at Sirius. I think they'll end up like Blockbuster Video.

Art, have a look at what Joe Rogan does on his podcasts. I'll see you there when you get there. In the mean time, enjoy your retirement my friend!

[maren]

What's the likelihood Premiere paid Sirius a heaping mountain of dough for all this shit, and gave them a guarantee that should art try any funny stuff they'd pay all the lawyers necessary to keep him silent for the next two unbearable years?

Uh, I don't know, but...

[Falkie2013]

I also think that whoever said it on Gabcast was right.
Someone at either Sirius or Premrat is pissed at Art.
And is/was going to anything they could to keep him from returning.
Art kind of pulled a Dan White here where he also resigned and then asked for his Supervisor's seat back and when they wouldn't give it to him, he went and killed the guys he thought were the most responible for it.
Not that Art would kill anyone but the analogy is somewhat true.

[Queen]

Sirius will be gone when Howard Stern's contract expires. I've had it for years and it's super limited. For example, if i listen to it in my home, I need my antenna  to be close to the window. You have to pay extra to have it on your computer streaming. Ask Dr. Laura how her career has gone since she started at Sirius. I think they'll end up like Blockbuster Video.

Art, have a look at what Joe Rogan does on his podcasts. I'll see you there when you get there. In the mean time, enjoy your retirement my friend!

Ventura Stern 2016

[samdean]

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.

Maybe I completely misread Art's financial situation, but do you really think 10's of thousands of dollars is going to stand in his way.

You know this isn't a complicated matter, requiring months of discovery and thousands of hours.  It is a very simple matter.  Is the clause valid.  Did they give him extra compensation for it.  Is he likely to utilize trade secrets, etc.  It is a few weeks of filing and 1 day hearing and a few weeks waiting for the decision.  Then it is over.

I could see a top entertainment firm taking this for 25K.

[Jnthn932]

What's the likelihood Premiere paid Sirius a heaping mountain of dough for all this shit, and gave them a guarantee that should art try any funny stuff they'd pay all the lawyers necessary to keep him silent for the next two unbearable years?

Pretty unlikely but I do think they've had a hand in this for a whole. They were losing listeners and money, probably more than even we think.

[Stan_Holeman]

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

It boils down to money, and I don't think it's fair to expect Art to risk 10k+ (minimum) to get out of the NC.

I think people are reading too much into his apparent unwillingness to fight it. I would advise him to have an attorney speak with Sirius and see if they are intent on enforcing the clause. If they were, I'd tell him it's probably not worth pursuing unless he either really needs to make money, or if there's an offer awaiting him that won't be there in two years.  Otherwise, it's just not worth fighting, imho.

It is fair to ask Art why the hell he was bent on moving all his assets to the Philippines if he was sooooo committed and serious about DM.

[basswood]

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.

So his point was that he could opt out anytime but his non-compete clause would still be in full effect? I don't see how that even matters. I'll try to catch up in the morning I guess. Thanks for being nice though and having the patience to respond to me again    lol

[malachi.martini]

Maybe I completely misread Art's financial situation, but do you really think 10's of thousands of dollars is going to stand in his way.

Cellphones stood in his way.

[lonevoice]

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

JDO posts elsewhere using the moniker Redwolf.  That wouldn't happen to be you, would it?  Just curious.

[Snowdoggie]

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.

Or they could add up the litigation costs and decide that even out of spite they can't justify the costs to the Board of Directors. It's not like Art wants to put up his own satellite and go head to head.

[Queen]

Chinese troops land in Hawaii for 'disaster relief exercises' during Grid Ex II

http://www.examiner.com/article/chinese-troops-land-hawaii-for-disaster-relief-exercises-during-grid-ex-ii

[basswood]

Cellphones stood in his way.

Badabing. 

[samdean]

*laughs* Yeah.  Guess I'll never learn.

Seriously, as long as you're here, care to give an opinion on the question of whether fighting the NC is fiscally viable if SXM opts to go to the wall?

There is no "wall" for them to go to.

This is a fairly simple matter that requires a few filings, a hearing and a decision.  I can't see it costing more than 20-30K from a high end entertainment firm if he wanted to hire a Beverly Hills firm, less if he goes for a boutique firm.

This is a single issue case... is the non-compete valid.  Art would essentially be filing for an injunction to keep Sirius from enforcing the NC.  You either win or you lose and it is over.

[Redwolf]

hey wolfie.
MV has Art's number.
get him to give your attorney friend art's number and see if they can hook up.

FIGHT ART FIGHT ! RAH ! RAH ! RAH !

Very happy to help in anyway possible and I have just asked my atty friend to weigh in on if he can help in 'reality' and he said that he can if it can be filed in California or if it is filed in federal district court. He would most likely look at it as a favor to me or he can pass along the numbers of other colleagues that can help it move along. The thought that it will cost 10's of thousands of dollars is not factual at all...a deal can be stuck that would be confidential between Mr. Bell and his atty (they will set the cost of the fees together). It can be arranged in many ways based on client atty privilege between Art and his atty.

I am glad that this info has it has helped perk up some of the spirits here as I am with all of you who would love nothing more than to see the TRUE King return to his throne!

The law is definitely on Art's side and just because sxm is a HUGE company doesn't mean it can ignore litigation or a court ruling...they have to play the game too...and their game is a bluff...6 months at best (in the words of my trusted friend).

Art most likely knows more people in the 'biz' than I do and has no doubt already been given this advice from his trusted circle...hence him saying he will try to get released from his NC.

I have faith in Art!

[Stan_Holeman]

Maybe I completely misread Art's financial situation, but do you really think 10's of thousands of dollars is going to stand in his way.

You know this isn't a complicated matter, requiring months of discovery and thousands of hours.  It is a very simple matter.  Is the clause valid.  Did they give him extra compensation for it.  Is he likely to utilize trade secrets, etc.  It is a few weeks of filing and 1 day hearing and a few weeks waiting for the decision.  Then it is over.

I could see a top entertainment firm taking this for 25K.

I think we can agree that if money isn't an issue he ought to fight it. I'd want to look at tortious with contract against C2C...what exactly were Noory and C2C up to poaching guests and negotiating with Sirius for Art's slot? Pretty shady.

[ItsOver]

...It is fair to ask Art why the hell he was bent on moving all his assets to the Philippines if he was sooooo committed and serious about DM.

I was a little taken back when Art told us he could be released at any time into his contract with only a 30 day notice to leave to Sirius.  I'm glad he cleared that up tonight, but if I'd known that at the start of Dark Matter, I wouldn't have been so surprised at him leaving Sirius.   I thought a 3 year contract meant a 3 year commitment to Sirius.

[Xavier]

Maybe I completely misread Art's financial situation, but do you really think 10's of thousands of dollars is going to stand in his way.

You know this isn't a complicated matter, requiring months of discovery and thousands of hours.  It is a very simple matter.  Is the clause valid.  Did they give him extra compensation for it.  Is he likely to utilize trade secrets, etc.  It is a few weeks of filing and 1 day hearing and a few weeks waiting for the decision.  Then it is over.

I could see a top entertainment firm taking this for 25K.

So a few weeks here and a few weeks there... bingo bango it's over? And all for 25 grand? Umm yeah no

[Catsmile]

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...

Yeah you can stream por... er "TV shows" stored locally using iPod, tablet, notebook, cell phone using bluetooth, or from the web using LTE>bluetooth to all 3 screens in the car.
Just to busy talking, texting, surfing.. watching "tv" to driv~ TREE ! 

[tertiaryimam]

Art most likely knows more people in the 'biz' than I do and has no doubt already been given this advice from his trusted circle...hence him saying he will try to get released from his NC.

I have faith in Art!

I'm sure art knows people but, with all do respect to art, the problems he ran into with Sirius were all things you could see coming --- at least in terms of the streaming problems, the lack of international exposure. He said on gabcast that the dude who enticed him into it talked up the international aspects of Sirius, which just wasn't true. If art did know people who could've advised him, he didn't listen. I hate to say it.

Hopefully he's listening now.

[samdean]

Cellphones stood in his way.

That is a quality of show issue.

Look, I am not suggesting that 10, 20 or 30K is trivial.  However, that is pretty much the top end.

If Art wants to spend it, he will.  If he chooses not to, I wouldn't be upset at him. 

Without seeing the contract and knowing the venue (state) in which it is set, I don't know EXACTLY how difficult it will be to strike down.  If this was California, there would be almost 0 chance of a NC being enforced, unless Art got some type of signing bonus, or stock grant.  Other states are more lenient, but even the strictest states don't like enforcing them unless there is a need.

Ultimately, Art will speak to an attorney who will give him an idea of the cost and odds of winning and Art will weigh the odds with the cost and make a decision.

[Scully]

Maybe I completely misread Art's financial situation, but do you really think 10's of thousands of dollars is going to stand in his way.

You know this isn't a complicated matter, requiring months of discovery and thousands of hours.  It is a very simple matter.  Is the clause valid.  Did they give him extra compensation for it.  Is he likely to utilize trade secrets, etc.  It is a few weeks of filing and 1 day hearing and a few weeks waiting for the decision.  Then it is over.

I could see a top entertainment firm taking this for 25K.

I'm with you, Sam.  People spend more than they want to get a legal mandate for what they believe is their just case.  Having been through my son's successful child custody battle with him , I can assure you that people will pay really large amounts of money if it's worth it to them.  And that's just speaking from a middle-classed perspective.  With Art's money (which he has made no secret that it is considerable), tens of thousands of dollars in attorney fees is far from out of his reach.

Only drawback I see is IF Sirius wants to make a big deal out of it.  If so, obviously they hold all the aces in terms of financial ability.

[Uncle Duke]

There is no "wall" for them to go to.

This is a fairly simple matter that requires a few filings, a hearing and a decision.  I can't see it costing more than 20-30K from a high end entertainment firm if he wanted to hire a Beverly Hills firm, less if he goes for a boutique firm.

This is a single issue case... is the non-compete valid.  Art would essentially be filing for an injunction to keep Sirius from enforcing the NC.  You either win or you lose and it is over.

So it sounds like you would disagree with your learned colleague, that it is "worth fighting for". 

*looking for those eight other attoneys in the room*

[shell88]

hey wolfie.
MV has Art's number.
get him to give your attorney friend art's number and see if they can hook up.

FIGHT ART FIGHT ! RAH ! RAH ! RAH !

I wouldn't be passing Arts number out to anyone for any reason.  There are other ways to connect if it's wanted.