Howard, Sirius get sued.

[The Critic]

Isn't Johnny B. doing better than Howard Stern ever has done here? I have heard that he is getting unbelievable ratings since he has returned to Chicago. Like a 6.5 share of the 25-50 crowd? That is just unreal.

I'm not surprised to hear that Johnny B. is doing well.

I enjoy Johnny B. very much. I listen as much as I can.

It's a light-hearted show, not anywhere near as paranoid or angry as Stern is.

I liked Howard for a while, but I just grew tired of his show.

[Texsox]

I wonder how many efforts someone has to take to enforce a contract before it is valid?

[tonyho7476]

"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.

 

Ok, time for the Stern blow hard to chime in. Stern asked them if he could mention his move to Sirius and they said yes. He also didn't even refer to it by name. CBS won't win. The whole thing is bulls***. They should have fired Stern when he signed the contract....oh but wait, they made a f***-load of money with him.

 

This whole thing is stupid. Sour grapes on Moonves' part. WAAA! Howard left us. My pussy hurts.

[tonyho7476]

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.

 

The stock was an accelerated payment, not any type of bonus. Les is mad because his radio division is horses***. The king left, and his listeners left too.

[Steff]

I wonder how many efforts someone has to take to enforce a contract before it is valid?

 

 

1...?

[Texsox]

Because CBS made money, Stern didn't have to live up to the contract? Didn't Stern receive his compensation? It seems to be that when he signed the contract he knew the CBS would be making money. It also seems that Stern is a bright enough individual who knows he talents and would have predicted CBS would make BILLIONS, which allowed him to earn even more. Does anyone think he was telling CBS, you WON'T make billions and please adjust my salary downward to reflect that?

 

So Stern and CBS entered a contract in which each expected to make a lot of money, and each did. To say that fact would void all other aspects of the contract seems silly to me. I don't hear Stern claiming any violations on CBS's side, but that will probably come soon enough. What would the Stern backers be saying if CBS had said we paid him hundreds of millions already and won't live up to contract?

 

I'm a black and white guy with contracts. You sign them and you live up to them. It's a matter of honor and integrity.

[Texsox]

1...?

 

I agree. It seemed like some people where saying that CBS should have done more, and because they didn't, they have no reason to try and claim injuries now.

[tonyho7476]

I'm a black and white guy with contracts. You sign them and you live up to them. It's a matter of honor and integrity.

 

And Howard did live up to it. He made them an assload of money, as always....and then he moved on. The listeners would be coming to Sirius no matter what. I bought Sirius as soon as he signed the contract, and I heard it outside of the show.

 

Les is mad...this is a vendetta...that is it. SOUR GRAPES...WAAAA!

[Steff]

I agree. It seemed like some people where saying that CBS should have done more, and because they didn't, they have no reason to try and claim injuries now.

 

 

They aren't even claiming a contract violation. They are pissed and want to get paid because he promoted the move and they claim they never knew that he would be paid on new subscriptions and radio sales.

[Texsox]

And Howard did live up to it.  He made them an assload of money, as always....and then he moved on.  The listeners would be coming to Sirius no matter what.  I bought Sirius as soon as he signed the contract, and I heard it outside of the show.

 

Les is mad...this is a vendetta...that is it.  SOUR GRAPES...WAAAA!

 

You seem to think that there was no language in the contract that covers content?

 

Or are you saying that as long as CBS made money, Stern could ignore everything else he signed?

[tonyho7476]

They aren't even claiming a contract violation. They are pissed and want to get paid because he promoted the move and they claim they never knew that he would be paid on new subscriptions and radio sales.

 

Les is also mad that Howard announced the move on Les' birthday.

[tonyho7476]

You seem to think that there was no language in the contract that covers content?

 

Or are you saying that as long as CBS made money, Stern could ignore everything else he signed?

 

Yeah, the contract says he can talk about whatever he wants to. Stern did NOT make more money because of how many people signed up. He would have gotten the same compensation, no matter what. It was an accelerated payment.

 

He confirmed with them that he could talk about Sirius. If they said no, he wouldn't have. And he didn't refer to it as Sirius. The name wasn't spoken by Stern, after his announcement.

 

SOUR GRAPES...Les is a whiny b****.

[Steff]

You seem to think that there was no language in the contract that covers content?

 

Or are you saying that as long as CBS made money, Stern could ignore everything else he signed?

 

 

 

Is his contract avaliable to view or something...?

 

And isn't this the same contract he signed in 2000...? 3 and a half years before he decided to move to Sirius..? How could there be lingo in there that states "don't promote Sirius.." when Sirius wasn't even in the picture..?

[tonyho7476]

Oh, and Les hates Mel Karmazin, who runs Sirius. Les used to be Mel's dog, and now Les is in charge, and the radio division is taking a s***.

[Texsox]

The 43-page complaint charges:

 

    * Howard Stern repeatedly and willfully breached his written contract

      with CBS Radio over the last 22 months of that contract,

      misappropriated millions of dollars worth of CBS Radio airtime for his

      own financial benefit, and fraudulently concealed his interest in

      hundreds of millions of dollars of Sirius stock while promoting it on

      the air.

 

I believe CBS is claiming he breached his contract.

 

I also believe that some Stern backers believe he should be allowed to breach the contract as long as CBS made money. Presumably, CBS would have been allowed to breach the contract as well as long as they paid Howard. So why do they spend all that time negotiating the rest?

 

I believe you live up to the entire contract, and expect the other party to also. I am not going to get into whether or not his actions breached or did not breach the contract. That would take knowledge of the contract, which no one here has access to.

[tonyho7476]

Mel would have been better off leaving it die...now Howard, and Sirius are all back in the papers again. More promotion. Stern should be thanking them.

[Steff]

I believe CBS is claiming he breached his contract.

 

I also believe that some Stern backers believe he should be allowed to breach the contract as long as CBS made money. Presumably, CBS would have been allowed to breach the contract as well as long as they paid Howard. So why do they spend all that time negotiating the rest?

 

I believe you live up to the entire contract, and expect the other party to also. I am not going to get into whether or not his actions breached or did not breach the contract. That would take knowledge of the contract, which no one here has access to.

 

Is there somewhere to view the contract...?

 

And please don't lump Stern supporters together - even using "some" here it's pretty obvious who you are speaking to. I believe no such thing as you stated above.

[Texsox]

Is his contract avaliable to view or something...?

 

And isn't this the same contract he signed in 2000...? 3 and a half years before he decided to move to Sirius..? How could there be lingo in there that states "don't promote Sirius.." when Sirius wasn't even in the picture..? 

 

Of course discussing exact aspects is fruitless. But do you think that his contract would allow him to read commercials that only himself was benefiting from? Shouldn't the station have control of advertisements on their station? Imagine if on air talent could go out and sell their own ads and read them and the station receives nothing. I have to believe that is standard stuff for every DJ.

[tonyho7476]

Of course discussing exact aspects is fruitless. But do you think that his contract would allow him to read commercials that only himself was benefiting from? Shouldn't the station have control of advertisements on their station? Imagine if on air talent could go out and sell their own ads and read them and the station receives nothing. I have to believe that is standard stuff for every DJ.

 

How is it a commercial when the company name wasn't mentioned?

[Steff]

Of course discussing exact aspects is fruitless. But do you think that his contract would allow him to read commercials that only himself was benefiting from? Shouldn't the station have control of advertisements on their station? Imagine if on air talent could go out and sell their own ads and read them and the station receives nothing. I have to believe that is standard stuff for every DJ.

 

 

I don't know.

 

What I do know is Howard is like no other, and I imagine had many special things/deals in his contracts. I would bet high his is nothing like standard DJ stuff.

[Texsox]

I don't know.

 

What I do know is Howard is like no other, and I imagine had many special things/deals in his contracts. I would bet high his is nothing like standard DJ stuff.

 

I would to, and I would expect that both sides would live up to the contract.

 

And I am guessing, as all of are. But here's the scenario that may play out. CBS had gone to Sirius and offered an advertsing package. Stations cross promote all the time now and CBS would have been wise to grab even more, especially with an obvious tie in. Sirius says no thanks. They say no thanks, because they are paying Stern direct.

 

Now substitute Chevy, Paramount Studios, or any other advertiser and I believe we all can see CBS's point. In exchange for his services, they were entitled to make as much as they could, within the scope of the contract.

 

I was wondering how CBS could prove damages, I think this would be the only way.

 

And Tony, that will be up to a Judge at some point, I am certain. But how did y'all know Howard was talking about Sirius? At some point it becomes apparent, and possibly enforceable.

[tonyho7476]

And Tony, that will be up to a Judge at some point, I am certain. But how did y'all know Howard was talking about Sirius? At some point it becomes apparent, and possibly enforceable.

 

They told Howard he could not refer to Sirius by name. The judge will decide. CBS will lose, but it will cost Howard money on lawyers, and f*** up my stock for the time being.

 

Les Moonves :finger

[Texsox]

They told Howard he could not refer to Sirius by name.  The judge will decide.  CBS will lose, but it will cost Howard money on lawyers, and f*** up my stock for the time being.

 

Les Moonves  :finger

CBS will lose because HOWARD ROCKS

 

I don't know on what basis CBS will sue, but if Howard was selling advertising, I would think that would be an easier issue to decide.

 

I am certain it is a complex contract equal to his talents, and I am equally certain a Judge will not buy into the argument that Hey, CBS made money, so f*** the rest of the contract. In the end it doesn't matter one way or the other. Neither company will suffer to much.

 

The list of infallibles

 

Jesus to Believers

Pope to Catholics

Stern to his hardcore fans

 

I respect that.

[tonyho7476]

CBS will lose because HOWARD ROCKS       

 

 

You are absolutely correct.

 

I'm just mad my stock is fallling....and falling...boo hoo...waa....Tony's stock sucks.

[samclemens]

Ok, time for the Stern blow hard to chime in.  Stern asked them if he could mention his move to Sirius and they said yes.  He also didn't even refer to it by name.  CBS won't win.  The whole thing is bulls***.  They should have fired Stern when he signed the contract....oh but wait, they made a f***-load of money with him.

 

This whole thing is stupid.  Sour grapes on Moonves' part.  WAAA!  Howard left us.  My pussy hurts.

 

here's why CBS will win. not for the mentions alone, but because stern signed a contract with sirius while still under contract with CBS. Before he left, sirius promised stern 200 million shares of sirius stock if new user quotas were met before he joined sirius. so stern started plugging mercilessly, and low and behold, sirius surpassed their quotas and stern got his 200 millions shares, which he promptly and almost completely unloaded, resulting in stern pocketing over 200 mill. if that is not conspiracy-payola, i dont know what is.

 

also, calling cbs greedy while not calling stern greedy is rediculous.