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Howard, Sirius get sued.


Rex Kickass

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Oh f*** Les and the horse he rode in on. #1 - Howard gave 14 months notice. #2 -If they had an issue with him mentioning Sirius then they could have let him go sooner, or asked him to stop, or censored his show. They did nothing. And they were idiots not to. They screwed themselves.

 

Hysterically, the ratings came out yesterday. All 3 markets tanked way worse then their worst fears. Roth went from working for the #1 station.. to #18 and is not on hiatus:

"As of February 27, 2006 the David Lee Roth Show was put into hiatus in all of its markets. According to published reports in the New York Daily News (See Here) reportedly Roth was complaining to WFNY-FM General Manager Tom Chiusano that that the studio he uses which was renovated following the departure of Howard Stern was infested with asbestos, dust and dust mites but unidentified sources within WFNY claim that Roth is nothing more then a radio diva and he and his manager Matt Sencio are "Out of Control and that Roth is trying to get fired by CBS Radio with full pay". Local DJs in each market will temporarily replace Roth until all of the issues between him and CBS Radio can be resolved."

 

And Rover is sure to soon be following him:

From the Chicago Sun-Times

"But for Shane "Rover" French, the Cleveland import who replaced Howard Stern on CBS Radio's "Free FM" WCKG-FM (105.9) on Jan. 3, Monday's Arbitrends brought the worst news imaginable, prompting one competitor to rename the station "Free Fall FM."

No one is listening: From Stern's 4.6 percent share of 25- to 54-year-olds in December, French plunged to a 0.2 share. Among 18- to 34-year-olds, he fell from a 2.5 to a 0.3. Overall, he dropped from a 2.7 to a 0.4."

 

Adam, who I can't here since he's only on out west isn't doing that bad, but at least he's kinda funny from what I have heard.

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Carolla is down 90% from Stern's ratings.

 

But it's not really a far comparison. They aren't starting with Howards audience. They're starting with no audience, and frankly little promotion. At least in New York. Nobody's promoting DLR who is IMHO just a placeholder.

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QUOTE(Rex Kickass @ Feb 28, 2006 -> 06:16 PM)
Carolla is down 90% from Stern's ratings.

 

But it's not really a far comparison. They aren't starting with Howards audience. They're starting with no audience, and frankly little promotion. At least in New York. Nobody's promoting DLR who is IMHO just a placeholder.

 

 

Is Adam doing the best of the three? And at least he's not trying to be like Howard. DLR and that Rover person are just God awful and stupid.

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QUOTE(Rex Kickass @ Feb 28, 2006 -> 06:16 PM)
Carolla is down 90% from Stern's ratings.

 

But it's not really a far comparison. They aren't starting with Howards audience. They're starting with no audience, and frankly little promotion. At least in New York. Nobody's promoting DLR who is IMHO just a placeholder.

Rock Star: Van Halen is at least rumored..

 

Wouldn't it be delicious if they searched for DLR's replacement DJ on a another crappy reality show?

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QUOTE(Rex Kickass @ Feb 28, 2006 -> 06:26 PM)
Adam is doing the worst of the three.

 

And Rover's show will find an audience in Chicago. He's done very well in the two dozen or so markets he was in before Stern left.

 

 

 

I had no idea, but I don't listen to him so I guess I wouldn't.

 

Have you heard that Rover person..? Oye.. my ears almost started bleeding.

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I have heard him before. It takes some getting used to. He was one of the first baby Sterns to not be a baby Stern.

 

I think if CKG wanted to pick up a new syndie show, they should have gotten Free Beer and Hot Wings. They can be pretty damn funny. They are right now out of Grand Rapids and run on a few stations in the Northeast and Tennessee.

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QUOTE(Steff @ Feb 28, 2006 -> 08:12 PM)
Oh f*** Les and the horse he rode in on. #1 - Howard gave 14 months notice. #2 -If they had an issue with him mentioning Sirius then they could have let him go sooner, or asked him to stop, or censored his show. They did nothing. And they were idiots not to. They screwed themselves.

 

no they didnt. they repeatedly demanded that stern cease promting satilite radio on CBS for the entire time he did it, and threatened suit just as many times. CBS was powerless though. fire stern?!? their station would have los their entire listnership on the spot, whereas they at least have some of it still. not to mention the billions (literally) they made off of the advertising revenues for his show (even when he was plugging sirius on CBS). i dont think you understand how powerful stern is- he probably personally accounted for at least a quarter of the entire ad revenues for that station. when you hire stern, you kind of have a gun to your head.

 

CBS did all they could do realistically. and they were wise to sue sterns ass for this. sirius got hundreds of thousands of dollars worth of free ads every day from stern. stern and sirius ought to pay for it now. stern explicitly breached his contract on the air every day. if CBS needs any witnesses, they can take their pick from the millions who listened to him.

 

believe me, i love to hate the big media corporations just like everyone else, but this time, stern screwed up big time. he is looking at a judgment of over $100 million, judging from the allegations in that article. probably much more than that, even. if hes smart he will settle for an amount that wont be disclosed and he'll keep his mouth shut about the whole thing.

 

CBS was wise to wait until he left before suing, though their damages in court may be reduced for failing to mitigate damages. reaslistically, though, had they sued while he was on the air, stern would have crucified them on the air every day. you cant really f*** with the top dog until his 15 minutes has ended on your station- rules of the game. with stern: he says and does whatever he wants. hes gotten away with it for years and years, but hes screwed this time.

 

and so is sirius. by the way, they have yet to turn a profit. its only a matter of time until XM buys out sirius or sirius buys out XM.

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QUOTE(samclemens @ Feb 28, 2006 -> 06:45 PM)
no they didnt. they repeatedly demanded that stern cease promting satilite radio on CBS for the entire time he did it, and threatened suit just as many times.

 

 

 

And when he crossed their line, they suspended him for a few days. If they had a bigger issue, they should have done more.

 

Bottom line, he was their cash cow. They sucked it up for that reason alone. Now to come out crying makes them look like the idiots they are. This is much ado about nothing.

 

 

I'm well aware of how powerful Stern is. I'm well aware of how the game is, and was played.

 

Sirius screwed because they haven't turned a profit yet...? Ok...

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QUOTE(Steff @ Feb 28, 2006 -> 08:53 PM)
And when he crossed their line, they suspended him for a few days. If they had a bigger issue, they should have done more.

 

Bottom line, he was their cash cow. They sucked it up for that reason alone. Now to come out crying makes them look like the idiots they are. This is much ado about nothing.

I'm well aware of how powerful Stern is. I'm well aware of how the game is, and was played.

 

Sirius screwed because they haven't turned a profit yet...? Ok...

 

absolutely right, he was their cash cow. they did all they could do without throwing billions out the window.

 

no sirius isnt screwed because they havent turned a profit. they are screwed because they are also being sued along with stern. and my bet is that they will have to pay for a portion of all that free advertising they got with CBS. so with that and their failure to turn profit, they are not looking to be in the best of shape.

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QUOTE(Steff @ Feb 28, 2006 -> 07:53 PM)
And when he crossed their line, they suspended him for a few days. If they had a bigger issue, they should have done more.

 

Bottom line, he was their cash cow. They sucked it up for that reason alone. Now to come out crying makes them look like the idiots they are. This is much ado about nothing.

I'm well aware of how powerful Stern is. I'm well aware of how the game is, and was played.

 

Sirius screwed because they haven't turned a profit yet...? Ok...

 

I think it was a mistake to let him stay on the air for so long as he did to milk it for the short term. If I was Les, he would have been sitting silent off air for months.

 

But I also think that if he had stock options depending on his promotion of his Sirius show, and was doing it without Sirius paying CBS, that's payola of sorts. Which is supposed to be illegal.

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QUOTE(samclemens @ Feb 28, 2006 -> 06:57 PM)
absolutely right, he was their cash cow. they did all they could do without throwing billions out the window.

 

no sirius isnt screwed because they havent turned a profit. they are screwed because they are also being sued along with stern. and my bet is that they will have to pay for a portion of all that free advertising they got with CBS. so with that and their failure to turn profit, they are not looking to be in the best of shape.

 

 

I think CBS screwed themselves by allowing him to continue doing something they could have stopped. They got their $$ by leaving him on the air. Should be a wash. I honestly think this will get tossed with CBS getting a "you guys shouldn't have been so effing greedy and stopped it when it was happening.. bubye.. "

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QUOTE(Rex Kickass @ Feb 28, 2006 -> 07:02 PM)
I think it was a mistake to let him stay on the air for so long as he did to milk it for the short term. If I was Les, he would have been sitting silent off air for months.

 

But I also think that if he had stock options depending on his promotion of his Sirius show, and was doing it without Sirius paying CBS, that's payola of sorts. Which is supposed to be illegal.

 

 

 

I agree with you about what Les should have done. They made BILLIONS of $$'s off Stern over the past decade alone.

 

 

Stock in Inf/CBS or Sirius..?

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QUOTE(Steff @ Feb 28, 2006 -> 09:07 PM)
I think CBS screwed themselves by allowing him to continue doing something they could have stopped. They got their $$ by leaving him on the air. Should be a wash. I honestly think this will get tossed with CBS getting a "you guys shouldn't have been so effing greedy and stopped it when it was happening.. bubye.. "

 

that fine and nice that you feel that way, but stern still violated a contract. theres no two ways about it, he owes CBS a s***load of money. even howard stern has to abide by legal contracts.

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QUOTE(Steff @ Feb 28, 2006 -> 08:09 PM)
I agree with you about what Les should have done. They made BILLIONS of $$'s off Stern over the past decade alone.

Stock in Inf/CBS or Sirius..?

From what CBS is alleging. Sirius and Stern had a deal that he could receive several hundred thousand shares of Sirius stock in advance (as early as last month, when he received them) if they beat subscriber targets in time. Because he used his bully pulpit to relentlessly promote Sirius rather than doing a good show, and did so on the air with the intent of fulfilling his contract without CBS being a party to it, then Stern violated his CBS contract and what he did seems to fit the definition of payola.

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QUOTE(Steff @ Feb 28, 2006 -> 05:12 PM)
Oh f*** Les and the horse he rode in on. #1 - Howard gave 14 months notice. #2 -If they had an issue with him mentioning Sirius then they could have let him go sooner, or asked him to stop, or censored his show. They did nothing. And they were idiots not to. They screwed themselves.

 

 

I couldn't agree with you more Steff, you rock........ :D

 

Howard rules!!! :headbang

 

:finger CBS and Les!

 

Oh, and Steff, i don't listen to it, but the Adam Sandler show is the only thing keeping Howards' old station here in L.A. 97.1-KLSX, afloat, for the moment, thought you'd like to know.......

 

:gosox3: :gosox1: :gosox2: IN 2006!!!!!!!

 

:cheers

Edited by SoCalSouthSider59
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QUOTE(samclemens @ Feb 28, 2006 -> 07:18 PM)
that fine and nice that you feel that way, but stern still violated a contract. theres no two ways about it, he owes CBS a s***load of money. even howard stern has to abide by legal contracts.

 

 

IF he violated a contract - can't say since I haven't seen it.. :rolly .. and CBS continued to allow him to do so who's the stupid assholes...?

 

They had every right to suspend him, and they did twice - without pay according to him and not disputed by them. If they felt wronged they should have done more. They didn't. Their fault.

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QUOTE(Steff @ Feb 28, 2006 -> 10:52 PM)
IF he violated a contract - can't say since I haven't seen it.. :rolly .. and CBS continued to allow him to do so who's the stupid assholes...?

 

They had every right to suspend him, and they did twice - without pay according to him and not disputed by them. If they felt wronged they should have done more. They didn't. Their fault.

 

By engaging in continuous promotion of Sirius on CBS Radio airtime without any payment by Sirius to CBS for these advertisements and by pocketing over $200 million dollars for his personal benefit, Stern misappropriated millions of dollars worth of CBS Radio airtime for his own financial benefit and the financial benefit of Don Buchwald, his agent, and Sirius in contravention of repeated directives by CBS Radio.

 

I got to imagine that CBS will have evidence to verify their "repeated directives." To me it seems like CBS has a very actionable position and that this will result in a sizable settlement for CBS being paid for by Sirius.

Edited by KWs OK for Me
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QUOTE(KWs OK for Me @ Mar 1, 2006 -> 02:20 AM)
I got to imagine that CBS will have evidence to verify their "repeated directives."  To me it seems like CBS has a very actionable position and that this will result in a sizable settlement for CBS being paid for by Sirius.

 

my feelings exactly.

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QUOTE(Steff @ Feb 28, 2006 -> 11:52 PM)
IF he violated a contract - can't say since I haven't seen it.. :rolly .. and CBS continued to allow him to do so who's the stupid assholes...?

 

They had every right to suspend him, and they did twice - without pay according to him and not disputed by them. If they felt wronged they should have done more. They didn't. Their fault.

 

"if"? c'mon, are you serious? just from reading that article i can personally attest to his violation of the contract- i listened to his show before he went to sirius and heard him do it. but i guess you just cant side with a big ol' evil media corporation no matter what (that is apparent at this point). all i can say to you is, yes, howard stern has to abide by contractual obligations at peril of being sued just like every other person in this country. it doesnt matter if the plaintiff is a stupid asshole- they are still going to win.

 

dont forget that lots of stupid assholes win in court all the time despite being stupid assholes. in fact, most people involved in lawsuits are stupid assholes in some aspect, or they would not be in court to begin with.

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QUOTE(KWs OK for Me @ Mar 1, 2006 -> 12:20 AM)
I got to imagine that CBS will have evidence to verify their "repeated directives."  To me it seems like CBS has a very actionable position and that this will result in a sizable settlement for CBS being paid for by Sirius.

 

 

Absolutely. But was it a contract violation? :huh I don't disagree that he screwed them, but they could have stopped it by suspending him. I think (hope) that's taken into consideration.

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QUOTE(samclemens @ Mar 1, 2006 -> 01:05 AM)
"if"? c'mon, are you serious? just from reading that article i can personally attest to his violation of the contract- i listened to his show before he went to sirius and heard him do it. but i guess you just cant side with a big ol' evil media corporation no matter what (that is apparent at this point). all i can say to you is, yes, howard stern has to abide by contractual obligations at peril of being sued just like every other person in this country. it doesnt matter if the plaintiff is a stupid asshole- they are still going to win.

 

dont forget that lots of stupid assholes win in court all the time despite being stupid assholes. in fact, most people involved in lawsuits are stupid assholes in some aspect, or they would not be in court to begin with.

 

Where did I claim he DIDN'T talk up his move...? I didn't. I'll say it again.. I haven't seen Howard's contract so I don't know IF he violated it. The contract.

 

I have no problem siding with CBS if they had been proactive in protecting themselves. They weren't. They were greedy and didn't care at the time. IMO, that's too bad, so sad.

 

It's apparent that you misunderstood my point.

 

And yes. You're right. A lot of stupid assholes out there.. :rolly

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