History repeats itself? (CBS to Sirius shenanigans revisited)

Discussion in 'The Howard Stern Show' started by h89fvh8dfha8hfv9a0, Mar 17, 2012.

  1. h89fvh8dfha8hfv9a0

    h89fvh8dfha8hfv9a0 Xavier's water boy Banned User

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    I'm sure most of you Sternophiles know about this, but I haven't seen it brought up since all the droning AGT talk.

    This passage is from the law firm that represented CBS:

    Stern had announced in October 2004 that he would be going to Sirius at the end of his CBS Radio contract, which was to expire on December 31, 2005. Stern's CBS show then became essentially a one-year infomercial for Sirius Satellite Radio. After Stern left, CBS Radio discovered that as a result of his plugging Sirius on the air while employed with CBS Radio, Stern and his agent received substantial compensation. On behalf of CBS, we filed suit against Stern and his agent for breach of contract, misappropriation of millions of dollars of radio air time, and tortious inference of an existing contract, among other things. In response to this complaint, Stern started a major media blitz about the case. Meanwhile, as soon as the complaint was filed, the case was in high gear and moving fast. We were geared up for discovery–filed document requests and deposition notices... The case settled favorably before that could happen.
     
  2. Art

    Art Grandiloquent Bloviator VIP

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    Excellent find, Tom. I just find it hard to believe Sirius/XM would allow him to blather on about AGT endlessly. Siriusly, its indescribably insulting to his bosses and to his paying audience, the majority of whom have no interest.
     
  3. Anyonenow

    Anyonenow Well-Known Member

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    At this point Sirius execs all have Tons of $$$$ to gain with higher stock price.
    ALL have stock options at approximately 25 to 75 cents.
    If you care to, look up insider holdings/trades/filings the past 3 months.
    You will notice that ALL INCLUDING Mel have all been exercising options and selling the stock MILLIONS of Shares!

    Pump & Dump!
     
  4. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    except that there is a big difference between the CBS years and the Sirius years: Stern was an employee of CBS, but Stern is not employed by Sirius. Stern is employed by his production company which is contracted to deliver x hours of programming per week/month/year, etc.. the artistic content of the programming delivered is primarily up to Stern. this is a similar deal to what letterman has through worldwide pants, ltd. howard can easily argue that any discussion of agt is simply part of the programming. there is no opening for a breach of contract claim this time, and since stern inc is permitted to have its own advertisers independent of siriusxm's sponsors, there's no exposure this time to "misappropriations" claims.
     
  5. newcastlefan

    newcastlefan גֵּרְשֹׁם VIP

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    check if that is part of a pre-planned investment program. most senior executives with restricted stock have such plans with regular scheduled sales of stocks registered with the govt.
     
  6. Junior

    Junior Active Member

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    100% wrong. He and his staff are Sirius employees. Search Google for his Sirius contract.
     
  7. Vashier

    Vashier VIP Extreme Gold

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    There could also be a reciprocal agreement in place that AGT will mention Sirius Xm everytime they mention Howard's name :dontknow:
     
  8. Beth143nacho

    Beth143nacho Well-Known Member VIP

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    Sirius should keep up their end of the contract and pay him, all the while preventing him from being on the Sirius waves as well as leveraging their exclusivity to keep him off any other airwaves. Just replay the tapes on random 24:7
     
  9. suckemnuckledus

    suckemnuckledus Well-Known Member

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    I think Howie made sure when he signed he was free to talk about anything, but then again Reilly Martin was suspended for phony advertising! No more Bull! Ha!
     
  10. Donkeyboy2190

    Donkeyboy2190 Never earned a dimes

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    That's what I think they should do as well. If not this, stick his ass with a 1:00 a.m. start time.


    Trump said it best when he first came on Sirius, he would have fired Howard immediately after he announced he was leaving CBS.
     
  11. suckemnuckledus

    suckemnuckledus Well-Known Member

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    How much advertising is Howie gonna do on AGT for Sirius, that's the question! He's always ranting and raving about Ofra Winbag, Negro woman from the south never promoting that she's on there!
     
  12. blottomsup

    blottomsup Well-Known Member

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    The bigger difference between then and now is that AGT does not compete with Sirius radio, but CBS radio did compete.
     
  13. Uncle Larry

    Uncle Larry Well-Known Member VIP

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    Not quite right - One Twelve was also a party to the agreement with CBS. The Smoking Gun still has some of the lawsuit documents available online.

    http://www.thesmokinggun.com/documents/crime/cbs-sues-howard-stern

    I think this is a little different than the CBS lawsuit, as satellite was viewed as a competitor and Howard was leaving CBS for Sirius; with AGT, it's a bit more like his pimping of the Private Parts movie while still at CBS.

    The court filing (page 11) shows that Howard got $15 million from CBS in 2005 plus $8.4 million in syndication fees. Howard likes to keep his marble count private, but his greed sometimes results in litigation which gets this info out in the public.
     
  14. FlaFlaFlunkie

    FlaFlaFlunkie Fabulous!

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    "If you like it, then you shoulda put a ring on it."

    They could've negotiated extra-Sirius employment in the contract, but they didn't. In fact, by Howard raising his profile, it stands to reason that some might be attracted to Sirius precisely because of his AGT gig.
     
  15. FlaFlaFlunkie

    FlaFlaFlunkie Fabulous!

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    This response completely ignores newcastlefan's assertion that any discussion of AGT is part of the on-air programming. Where in his contract does it state he a) can't hold another (non-competing) job and b) "discuss" it (promote it, whatever) on the air.
     
    Last edited: Mar 18, 2012
  16. FlaFlaFlunkie

    FlaFlaFlunkie Fabulous!

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    If Sirius is smart, THEY will advertise on AGT.
     
  17. Nemo

    Nemo Beer Can Thick Gold

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    The largest marble heist is the history of entertainment continues...:c

    It is hilarious that Occupy-Gunt doesn't realize she'd be climbing over a KFC counter in a halter top in an amazing viral video if Howie & Mel hadn't raped and pillaged Wall Street & the urine drenched Sirius subscription suckers...:jj:
     
  18. Nemo

    Nemo Beer Can Thick Gold

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    Since Stern hooked up with Buchwald...
    Howie's company is paid a lump sum to make great radio/TV/PPV.
    Buchwald structures these deals to trick Howies staff into thinking Wiggy is not the person that pays their salary.

    Sirius like KROCK is responsible for maintaining and repairing radio equipment is my guess.
    ....meaning Wiggy must be whining about having to pay for NEW equipment.
    Sirius must be following the fine print of the contract....:jj:
     
  19. Popeye Saavedra

    Popeye Saavedra Well-Known Member

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    This. Every time someone mentions Sirius being pissed about Howard talking about AGT, they seem to ignore this fact. Sirius could give a shit about Howard plugging AGT. They don't compete with AGT or NBC. At worst, Howard being on AGT doesn't bring in any new subscribers to Sirius. At best, it is free advertising for Sirius and new subscribers might come from the AGT crowd. Sirius has nothing to lose from this and potentially something to gain. So they don't give a shit.
     
  20. Nemo

    Nemo Beer Can Thick Gold

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    Howie is pissed that he has to show up and do radio.
    He wants to sit home and get paid from Sirius....like Oprah.....like Eminem...:jj:
    We need an unequivocal Howie AGT failure.....and this lawsuit to drag on for years...:cheer: