BellGab/bellchan Archive

Quote from: b_dubb on December 25, 2013, 07:11:40 PM
What's next? Is Art circumcised?

Boxers or briefs?

Excellent parody!

Quote from: Art Bell on November 23, 2013, 05:05:33 PM

At this point it is done, if I can find a way around the NC I will start streaming as
soon as possible, if not I will start the streaming after the NC is over. I did offer
to buy the studio gear so they would not have to come and remove it but they
declined.

When I do begin streaming it will be only me, no large company. If I made any
mistake that was it. I should have simply started streaming myself, for that I
do blame myself.

                                                                                       Art

Art,

What about a monthly or biweekly stream on the Dark Matter Network where you are interviewed by someone else, a conversation with Art Bell? Since you would not be streaming a show and would be a "guest," this would not seem to violate the noncompete, unless your agreement forbids you from granting interviews during the 2 year period.  This would allow us to maintain contact with you while we wait for your ability to stream unimpeded.

When will the two year noncompete period be complete?

Quote from: Art Bell on November 23, 2013, 05:05:33 PM
At this point it is done, if I can find a way around the NC I will start streaming as
soon as possible, if not I will start the streaming after the NC is over. I did offer
to buy the studio gear so they would not have to come and remove it but they
declined.

When I do begin streaming it will be only me, no large company. If I made any
mistake that was it. I should have simply started streaming myself, for that I
do blame myself.

                                                                                       Art

Art,

When does the two year period of non-compete lapse? Does it run from the time you signed the contract, or from when you resigned?

Just feel so sad...

Art,

What about setting up a legal aid fund to help pay the cost for your lawyer to fight the NC?

Quote from: Uncle Duke on November 18, 2013, 08:44:15 AM
Have a care, the laywers (real and fake) on this forum get very grumpy if you question their authenticity and/or legal wherewithall.  I don't know who is representing Art, he himself has not made that clear here.  Whoever his attorney is, he/she at least had the good sense to tell Art to keep quiet.  Also think Art's counsel had him request a stop to the on-slaught against SXM.

As a "real lawyer" on this forum, I am very suspicious about the user who posted he is representing Art with the NC. Concerns are: 1) the user purportedly solicited Art seeking to represent which is an ethical violation; 2) the user posted information concerning representation which breeches attorney/client confidentiality and is an ethical violation; and 3) the user requested assistance from nonlawyers with ideas and strategy for representation which is an egregious ethical violation in several respects. 

If this user is in fact a lawyer whom Art has retained for representation I am very concerned about what appears to be inexperience and unprofessional conduct. If the user is not a lawyer then I advise caution against attempting to practice law without a license.  Either way, it does not seem good.

Quote from: Falkie2013 on November 15, 2013, 12:07:42 AM
Let us not forget Art's battles with the rabbits, Comet the Cat, and him falling off his porch in the dead of night because someone removed the porch.

Frankly I was kind of hoping he would tell us something of what in the hell he's been doing for the last couple of years.

More cat stories and what happened to Comet and where he GOT THAT ATOMIC CLOCK !!! ...

I may not live 2 years to get one for all I know.

Hint, hint. Art.

Also remember when someone gave Art a time machine but he was too scared to try it..what if it worked, or killed him.,

A pause for sentiment and a message for Art.

Sentiment: The build up on ArtBell.com to the announcement. All the hints, secret messages, and links to the music...no one does it like Art, NO ONE! And it worked, steering us right into increasing anticipation of the message and excitement for his return. We were invited, enticed, into taking the ride and we scrambled on board. ART WAS BACK! Those of us who were with Art during the best days of Coast to Coast in the 90s knew the true significance of the event; the Messiah returns! Yes, he is THAT good.

Art, Mr. Drama who was the dynamic of Coast, who made Coast an encounter in the middle of the night where the host was reason enough to listen, but we also got guests talking about EVPs years before anyone heard of "Ghost Hunters," a guest who tossed dead animals into a bottomless hole, a guest who had an alien reptile lover visit her on earth, a guest who had an alien in his freezer, a guest who assured us the stars in the sky were actually a holographic image masking other life filled planets, a guest who saw images of a cruise ship on Mars, calls from time travelers, fanatics, weirdos and intellects, all unscreened and surprising.

And, in the midst of all this excitement Art would occasionally do things such as accidentally gluing his lips together with super glue during a commercial break while "Dancing Queen" entertained listeners waiting for more.

Yea, we loved every minute of it, loved Art, and were so damn excited about his return to us. We had waited a decade for this moment and as Art would say, "Well, there you have it."

Of course we are disappointed, hell we are crushed. This is more than just a radio show,  THIS IS ART BELL!

So some lashed out with bitter disappointment saying harsh words, and hateful words. Some were just trolls waiting to pounce. Others just pled and begged for a change of heart or decision.

Now to the message for Art part: Do you get it Art? Maybe it's creepy, maybe it's too much for you, call it a cult, whatever..., the bottom line is you mean that much to us. On gabcast our reaction was compared to the stages of grief. Excellent analogy because losing you is something we already know about and it has been a deep loss we don't want again, especially having another taste and hearing you say you want to be on the air.

So Art, keep up the good fight. Don't give up. Make it happen. The Art Bell base is still here, waiting, again. And get a damn lawyer who has experience dealing effectively with noncompetes and knows what he is doing.

Waiting and loving, Free Art Bell!

Art,

Your latest posts have clarified a lot. I guess it was confusing because you said if you were younger you might seek freedom from the noncompete which did suggest that you were not going to pursue the issue. Then you clarfied that you would seek legal advice, which sent a mixed message. Anyway, I do hope you pursue a way around the noncompete, I think you have a strong chance to succeed. Concerning the posts here that are harsh, don't feed the trolls. We love hearing from you but you already explained it. I get it now and wish you luck addressing the noncompete so we can hear your show once again! (soon.)

Art,

I love you, I really do, but shame on you for not challenging the NC. It's even unlikely that a show streamed from your website or a podcast is considered commercial competition. SiriusXM & Premiere are playing hardball, it's all business. Everything has a price & business solution. You can deal with this, be strong!

Quote from: Falkie2013 on November 12, 2013, 04:09:30 PM
OK, Art. How about not being cryptic for a change and just tell us EXACTLY what restrictions you have and do NOT have in your NO compete clause with Sirius ?

I could think of one sneaky way to get around this.
Everyone on Bellgab starts their own podcast and we all interview Art and have call ins every day for the next 2 years and discuss the interview over and over.
Since podcasts usually don't make any money and the only one's I've heard that have advertising are the poker ones, they probably wouldn't compete.

Hmm, now there's an idea.
Art Bells All In Poker site from Pahrump.
Nevada is ramping up online intrastate poker and Art could editorialize on his own poker site.
And poker wouldn't compete with radio would it ?

Love it! Also you are right. A noncompete does not mean lay down & die. It means don't commercially compete, so tell me how a podcast is competition for a commercial satellite enterprise.

Quote from: TheGrimCreeper1 on November 12, 2013, 03:11:46 PM
Here's my two cents:

I think Art genuinely wanted to return, enjoyed it for the first few episodes, but soon remembered how much work it is to produce and maintain a quality radio program. Whether or not he made unrealistic demands of Sirius XM to get released from his contract, only Art knows. But now that it's over, I think he's relieved to be free of the burden. Art can say he explored streaming options and hide behind the non-compete clause to deflect widespread criticism from his fans. /End of Zeta talk

I sadly have to agree with you. By not even trying to fight the noncompete or hire a lawyer to address it Art is showing his true position by his actions, regardless of what he says. He could get out of the NC, in fact a podcast probably is not even considered to be in the sphere of commercial competition. He just does not want to do it no matter what he says.

Quote from: Art Bell on November 11, 2013, 08:31:54 PM
Ok I have something to say, CONTENT COUNTS. When I was with CC and was told to name my own price, it
was fewer commercials per hour. When I started with SXM I did four Hours and if you check you will find that
at least 3 1/2 of those hours were pure content.

Anybody can take four Hours and fill with a "nice guy" plus two and a half Hours of commercials and breaks
as well as Medical advice and promo's about how to invest 13 cents a day and call it a show.

The deal I offered should have been snapped up because as I have said it was a big win-win for everybody
concerned. That it was not, as of yet, still makes me believe there are other things at work here, only time will
tell. But I promise you this I did not WANT to quit, I was in a situation where the road forward was not viable.
I still want to be on the air now, I hope you all believe that and if I can find a way to be, I WILL.

                                                                                                                             Art

I agree, content counts along with the skill and talent of the interviewer/host. Art is the master at this. Question for Art is this: what kind of things do you think are going on behind the scenes? I am not sure where you are going with this. Do you mean things going on as in considering the deal or going on as in pressures against it. Also, why do you think you will receive a further reply?

Quote from: HaveAccess on November 10, 2013, 07:31:41 PM


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.

Quote from: Art Bell on November 10, 2013, 06:58:32 PM
The answer is because I signed it. I try to be a honest person.

                                                                     Art

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.

I am very confused about why Art is so willing, seemingly eager, to comply with the noncompete. Under these circumstances Art would be able to fight the noncompete and prevail, so why not try. Art should retain an entertainment lawyer ASAP to step in and negotiate a solution to this situation. There seem to be issues of breech and noncompliance by both parties. There are many legal issues to be raised that could, and should, lead to a successful conclusion for Art. That is, if he really wants to continue doing the show with an online stream. I am starting to question whether he really does.

Art,

Please don't withdraw from communication here. There are those who will always spew hate and vitriol online, taking cowardly refuge in the anonymity of the internet. Ignore them. Then there are those who are just plain disappointed to lose you again and are reacting poorly. I am sad to lose your show and was one who was so excited when you announced your return but I won't react with a poison pen.

I asked you in a previous post why you seem so willing to comply with the noncompete and why you repeabtedly offer so willingly to accept it. There seems to be many issues related to breech of contract by both parties and my legal experience suggests to me that you can negotiate an out, but you really need a lawyer to lead the way.

Perhaps you have unstated reasons for wanting to back away from continuing the show and not disputing the noncompete, but if you sincerely want to return to the show now then I urge you to seek competent legal representation now because from what you have presented I believe you can negotiate a solution to the noncompete matter.

Quote from: Art Bell on November 09, 2013, 08:40:10 PM
Just to be clear AGAIN, a Independent Broadcaster is somebody who is generally not exclusive to Sirius/Xm
but is still carried, Like Coast was and many other shows. The sad part is that we proposed that over a Week
ago and even said we would remain exclusive to Sirius/XM in the Broadcast World and would only stream on
the Web Site. Sadly they have not replied.

I will indeed honor my NC if they want me to and I am fairly sure they will, if not I will stream the show to you
as I said I would. I do not understand why they would not since it was such a win-win. We would no longer be
employees so their cost would have been near zero. I am concerned there are other factors at work here, time
will tell.

                                                                                                                            Art

Art, Why are you so eager and willing to honor the noncompete? If you wanted to avoid it you could. Have you consulted a lawyer? If you really want to stream a show regardless of XMSirius you would be working with and through a lawyer to negotiate the arrangement or to get out of the NC. You could get out of the NC if you really wanted out. I am a lawyer and question your repeated offer and eager willingness to comply with the noncompete without legal formal negotiation, or a fight. If you want to do a show you can get around this. Don't be so eager and willing to comply.

Art,
Don't let the trolls and haters get to you. Anonymous hate is what the internet and forums are about for many trolls sitting alone in their basements, reading wikipedia & thinking they are expert on a subject, and then spewing hate online. Pulling others down makes them feel superior. Not one person here could ever do what you do. By the way, noncompetes are not written in stone. Courts don't like them and you can avoid yours. Can't wait to see what you can do with a web site stream. Internet is the answer for communication and broadcast.