Art Bell Quits Dark Matter

[nooryisawesome]

We need to load up sirius's phone lines. Fill their email boxes, etc.
Get a social media movement etc.
Come on people!!!


Where are those contact numbers/ emails?

[maren]

Ditto.

They didn't make him broadcast an additional 30 days.  It's like having a two week notice requirement, you tell your boss you'll be leaving in two weeks, and he says "you can go right now".

[dortmunder]

You only managed to call in because Jazmunda was in the chat channel and they had to lift the artificial fog bank for him to log in.
Of course, tonight many people had problems listening because the server traffic kept being re-routed to Australia.

Or Jazmunda's space station, where is is ACTUALLY located.

[gbneely]

Once again people have it wrong, I had a contract out ANYTIME with 30 days notice, I gave notice and
they waived it.

                                                                                                   Art

Okay, that does makes sense.

[shell88]

That's for calling Art.  That was amazing to hear you in an informal interview. Best of luck to you sir in all your future endeavours. 

[Xavier]

I love Art but I'm not completely "ALL IN" with his side of the story. When he says there's "a lot he can't say can't say", I'm quite sure that's true but I suspect some of it wouldn't paint him in the best light. Let's not forget he is playing the PR game with his appearance tonight just as George was last week. There's still quite a bit about this whole 6 week endeavor that just doesn't smell right.  We all agree that Art is the Master...a genius...but he may well be a flake or just a pain in the ass. I've made peace with that reality and don't appreciate him any less.
Also, and I don't think anyone has touched on this ...It's almost silly to worry about whether or not he challenges the NC clause because truth be told it would probably take upwards of two years to litigate this through the courts. It's a helluva lot easier and cheaper to just let two years expire should he wish to return. Bottom line no Art Bell for two years regardless of what happens. It's clear Art has pissed someone off at Sirius, rightly or wrongly, and they have made it clear that Art can go pound sand...and he better not broadcast while he's doing it.

[Scully]

Once again people have it wrong, I had a contract out ANYTIME with 30 days notice, I gave notice and
they waived it.

                                                                                                   Art

Thanks for clarifying that, Art.  I understand now what you mean, and I feel better about that particular point.

[Uncle Duke]

^^This Art This!!^^

Plus-- you may not have to do much... Just hire a barracuda Lawyer and let him do all the work. It may be fairly easy to get out of that NC. Might as well test the waters...?

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.

[basswood]

They didn't make him broadcast an additional 30 days.  It's like having a two week notice requirement, you tell your boss you'll be leaving in two weeks, and he says "you can go right now".

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.

[FallenSeraph]

Hey kids, I've been at the hospital all day â€" what's going on? Can someone give it to me in a nut(hugger)shell? Saw the post on Art's FB. What does this mean? "First of all my sincere congrats to Premiere Radio, they made the right move. Business is War and I would have done the same exact thing, and did in my day." 

[Shastalexy]

Once again people have it wrong, I had a contract out ANYTIME with 30 days notice, I gave notice and
they waived it.

                                                                                                   Art

That is a HUGE difference... thanks for finally getting that into our heads... Got it folks?

[bateman]

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 am intrigued.

[tertiaryimam]

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!!!!!!!!!!!

Redwolf, your post makes me feel like a ray of light. . . like I just got home. Thank you friend.

Madonna - Ray Of Light

[basswood]

That is a HUGE difference... thanks for finally getting that into our heads... Got it folks?

I must be pretty thick, and unfortuneately couldn't hear his Gabcast statement. What is he "clearing up" here? Why he didn't continue until the end of the month?

[tertiaryimam]

I am intrigued.

Howday bateman,

Weekend Tenebrae?

[Stan_Holeman]

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.

[malachi.martini]

I hope he wants it!

This is *all* this has ever been about.

[sherry440]

Hoo rah for Red Wolf. But the  jurisdiction is a nightmare. AB in Nevada, SXM in Washington. Where do you file your objection to the NC clause? Sheesh.

[Heather Wade]

Once again people have it wrong, I had a contract out ANYTIME with 30 days notice, I gave notice and
they waived it.

                                                                                                   Art

Thank you for calling in Art.  Was so very cool.   

[HaveAccess]

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!!!!!!!!!!!

Fricken A!!!!   10 pts Redwolf!

[bateman]

Howday bateman,

Weekend Tenebrae?

I had to google that. There's a new segment posted here: http://bellgab.com/index.php?topic=5028.msg196804#msg196804

Brand new show coming this weekend. Mountain of the Dead author, Keith McCloskey, plus a shorter segment on money laundering out of Macau.

[Scully]

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

[dortmunder]

Hey kids, I've been at the hospital all day â€" what's going on? Can someone give it to me in a nut(hugger)shell? Saw the post on Art's FB. What does this mean? "First of all my sincere congrats to Premiere Radio, they made the right move. Business is War and I would have done the same exact thing, and did in my day." 

Sirius dropped a bomb yesterday when Coast aired on DM's former channel Indie 104. The forum had a stroke. Tonight MV held a podcast and Art called in and it was awesome.

[Uncle Duke]

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.

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. 

[Falkie2013]

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

[Snowdoggie]

Hoo rah for Red Wolf. But the  jurisdiction is a nightmare. AB in Nevada, SXM in Washington. Where do you file your objection to the NC clause? Sheesh.

With two different jurisdictions you would file in Federal District Court.

Here's the closest one for Art.

http://www.nvd.uscourts.gov/

[ItsOver]

They didn't make him broadcast an additional 30 days.  It's like having a two week notice requirement, you tell your boss you'll be leaving in two weeks, and he says "you can go right now".

Especially with Jorch waiting in the wings. 

[Falkie2013]

Fricken A!!!!   10 pts 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 !

[Stan_Holeman]

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

[Falkie2013]

Especially with Jorch waiting in the wings.

I once gave notice and the manager came in and gave me crap because I'd been sick all night with a bug and had something similar to what MV had in Morrocco and kept running to the can all night.
I wasn't due to quit for 2 days.
I told him he could work the rest of the week and told him to take his job and shove it.
Only time I ever did that.