Art Bell Quits Dark Matter

[samdean]

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.

Tortious interference with a contract.  Oooo.  I like the way you think!

I'm not sure it would qualify since they would have to be doing with the intent to cause one party to breach the contract and poaching guests is just part of the business.

HOWEVER, if evidence could be uncovered that showed that someone was intentional creating a DoS situation causing the streaming dropouts, which they knew would cause people to drop the service or would infuriate Art causing him to leave... well.. then you would have something. 

I am NOT suggesting this happened, I am just suggesting the type of evidence I believe would be necessary for a tortious interference suit to have legs.

[Snowdoggie]

I keep seeing Art broadcasting from a pirate ship off the California coast in International Waters. 

[maren]

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

Well, you're welcome, but I don't know if I'm giving you the right info.  Or if I understand it correctly.  What I'm beginning to think is that the NC may be a separate piece of the contract?  So instead of making him adhere to the two year broadcasting contract, they let him out of it, but didn't let him out of the non-compete portion.  Maybe.  *shrugging*

[Mind Flayer Monk]

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.

I'm pretty sure its in New York. Sirius has done this before.
I don't think this would be cheap at all. Probably $800 an hour, with lots of hours going back and forth.
I imagine there are some pretty good NC lawyers in Vegas with the importance of shows to hotel branding.

[ItsOver]

...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)...

That's good to know.  Agree about Sirius.  I was concerned how long they could play the delay game.  Thanks for the time baseline and all the info. 

[samdean]

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

Actually.  Yes.  It might not be over in the way you want it to be.  A court could rule the NC valid, but this isn't a complicated legal matter, thus, it wouldn't take a lot of time or money (in the legal sense where complicated matters can cost hundreds of thousand or millions of dollars). 

This is a single issue.  Is the non compete clause valid.

[Stan_Holeman]

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!

Sorry, but six months is nothing for any contested civil matter. And 10k is fairly conservative if litigation were involved.

[SaucyRossy]

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...

Exactly Paul.
Here's the thing about Sirius. Like Art said Sirius entire business model is based off of their radios being put into new cars and people getting hooked and signing up after their trial.

Well within three years apple will have iOS and google will have android in a multitude of cars right I the dash. You will be able to sync with your apple iCloud account and download your favorite apps (spotify, pandora, podcasts) it's all about ease of use and Eco system and if people can use what they know like iOS , then they will never need Sirius.

The other things is many of Sirius's talent pool will leave the company as soon as their contracts are up and start podcasting. Including opie and Anthony and stern.
Once they lose that content it's over. Oh and mlb and nfl? They won't need Sirius soon either.

[Marc.Knight]

Just an idea:  In the interim Art can be "interviewed" by MV (or someone else) and take phone calls.  This is one way around a non-compete clause.

[RealCool Daddio]

I saw this earlier today but had no time to respond. Aldous left once before without much fanfare. He will be missed. I think he will return, but probably will be a while. hate it.

No Eddie, no Aldous, no hope for Art to return to the airwaves.  Quick, someone email me some kitten pictures.

PS:  I mean sweater kittens.

[whatatrip]

I keep seeing Art broadcasting from a pirate ship off the California coast in International Waters. 

Love the idea and the visual. Instead of coming from the "high desert" it will be coming from the "high seas".

[Xavier]

Seems to me if this whole NC clause was such a simple thing to overcome then Art would have challenged it yesterday rather than still be mulling it over. My guess is that it's not and Art isn't a complete doofus when it comes to contracts etc. I suppose he could buy his way out but that would entail coming up with a number that would satisfy Sirius in terms of what revenue they may have lost by Art's departure (over the course of his 3 yr contact) plus putting a price tag on intangibles such as the promotion they did for him and other services rendered in an attempt to get DM off the ground.

[Scully]

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.

I thought so, too, IO.

[Jackstar]

Aldous is one-fifth the reason I stayed here! >.<

[Uncle Duke]

Love the idea and the visual. Instead of coming from the "high desert" it will be coming from the "high seas".

For those who've seen the movie, think "Pirate Radio". 

[sherry440]

#free Art Bell donations accepted!  So how about instead of pissing off SXM anymore by mentioning Art, how about we pony up cash for an entertainment attorney?

[shell88]

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]

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.

Amazing what search engines can find. 

[samdean]

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.

Here's the thing.  There is nothing for them to make a big deal out of.

It is a single issue case.  If Art were suing for damages or breach of contract or something else, yes, it could spiral, but this is a simple matter.  Is the NC enforceable?  There is nowhere for Sirius to "go" with it.

Could they file a defamation suit and try to claim that Art hurt their business by things he said... maybe.  Could they file a breach of contract, yes, but, since Art had an out built into his contract, that is a non-starter.  If they file a defamation suit, they likely have more to lose than to gain because all those things told to Art in confidence could become part of the public record and since Art has been very careful with his words, they would lose the lawsuit and likely have to pay attorney's fees.

Just because they have deep pockets doesn't mean they can drain Art's bank account on the question of "Is the non compete valid"

[EarthAlien007]

Gnoory
Last Active:   Today at 11:26:05 PM

[Catsmile]

No Eddie, no Aldous, no hope for Art to return to the airwaves.  Quick, someone email me some kitten pictures.

PS:  I mean sweater kittens.

[Falkie2013]

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

I was posting that on the quick because I had a call coming in.

What I meant was that someone should hook up Art with a good entertainment attormey.

[Snowdoggie]

For those who've seen the movie, think "Pirate Radio".

Yep. Any opinion from the attorneys in the room about this? We are talking international waters with a ship flagged somewhere other than the US.

[samdean]

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*

Where would you get the idea that I don't think it is worth fighting for?

Whether it is "worth fighting for" is up to Art.  There is a cost, risk and benefit  analysis that he has to decide on.

Based on VERY limited hearsay of Art's financial situation, I believe this wouldn't be a major expense to him.  I could be 100% wrong about his financial situation.

Based on my knowledge of the law, I believe his chance to win to be higher than average.

Thus, in my personal view, it is a fight worth having.  But, I am not Art and can't speak for him, nor would I judge whatever decision he makes.

[Marc.Knight]

Seems to me if this whole NC clause was such a simple thing to overcome then Art would have challenged it yesterday rather than still be mulling it over. My guess is that it's not and Art isn't a complete doofus when it comes to contracts etc. I suppose he could buy his way out but that would entail coming up with a number that would satisfy Sirius in terms of what revenue they may have lost by Art's departure (over the course of his 3 yr contact) plus putting a price tag on intangibles such as the promotion they did for him and other services rendered in an attempt to get DM off the ground.

Imagine if Noory buys Art's contract from Sirius and then OWNS the non-compete clause.... of course now that Noodles is returning to Sirius the suits there have motivation to keep Art's NC so as not to compete with Noodles.  What a mess.

[onan]

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.

A friend of mine was playing Star Wars the Old Republic while driving down the highway in Iowa 3 years ago. The tech is already there.

[Meanandnasty]

Gnoory
Last Active:   Today at 11:26:05 PM

Go back to your chat Mr. Noory!

[Xavier]

#free Art Bell donations accepted!  So how about instead of pissing off SXM anymore by mentioning Art, how about we pony up cash for an entertainment attorney?

Please tell me you're not serious...I love and respect Art as much as anyone here but he had a part in all of this. I'm sure he can bail himself out of this mess....send that money to the Philippines.

[morphiaflow]

Imagine if Noory buys Art's contract from Sirius and then OWNS the non-compete clause.... of course now that Noodles is returning to Sirius the suits there have motivation to keep Art's NC so as not to compete with Noodles.  What a mess.

Thanks for putting that notion out there while the man is lurking on these forums...not that I blame you, I'm sure it's already been thought of.

But then if Dave were to do that, it would certainly be the final death knell for anyone still buying into his nice guy image.

[Meanandnasty]

The case is not difficult.  If he has an "ordinary" attorney in Pahrump that he knows that handles his legal affairs they could probably negotiate it.  I really don't see Sirius fighting this to much if Mr. Bell hires counsel.  Is it worth thousands and thousands of dollars to the company?  Probably not.