OK, lawyer hat is on. In my opinion, Howard's lawyers did screw up by failing to specify in the contract that the XM subscribers that would be coming in as a result of the merger would be considered Sirius subscribers for the purposes of determining whether Howard reached the target number of subscribers that would trigger the larger bonus. He did get the merger bonus (more money than any of us will see in 10 lifetimes, but I digress). Instead, they left that out of the contract and believed, wrongly, that Sirius understood that the merger would only take place as a result of Howard coming over to Sirius and would automatically credit him with the XM subscribers as well. They probably did not believe that Sirius, as the beneficiary of Howard's drawing power, would rely on the letter of the contract because Howard was so sure that he was a "partner" with Sirius. Failing to put this into the contract is such a grievous, blatant error that I am certain there were reasons why the above was not written into the contract - maybe XM would have had to agree to that provision, or something like that, which would have complicated the contract. But any wet-behind-the-ears lawyer will tell you that in New York, the Courts look to the four corners of the contract first and will only look to outside evidence if there is an ambiguity within the four corners. There was no ambiguity here - the contract simply did not mention the XM subscribers being added to the Sirius subscribers and so, the Court did not find that it did and would not consider outside evidence to say that it did. My guess is that Howard's lawyers, who are high-powered, white shoe attorneys who know their stuff, told Howard that this was a possibility but that Howard was either (1) reluctant to allow them to add the clause to the contract for fears that XM's input would make the whole thing fall through or (2) so arrogant and sure in his belief that Mel Karmazin would not screw him over that he felt that it didn't need to be put in. Either way, if Howard now sues his lawyers, it will be clear that he was either (1) duped or (2) screwed by his own ego and Howard won't stand for being made to look like a fool. So, Howard will simply express his anger by (1) bashing the Courts by railing that they didn't understand the deal [when it is Howard who doesn't understand the law] and (2) bashing Sirius the same way he bashed NBC and Infinity/CBS in the last years on terrestrial radio. In any case, Howard will be even less pleasant to be around in the Stern Show compound. I hope the shlubs like JD are updating their resumes. OK, lawyer hat off. Now lets see some boobs!!