Zed FM/Scrollside Supreme Court appeal to Phantom FM licence heard - FEBRUARY 17

joss

Unbelievable news. Bastards!

Dudess

Knew they'd do it. Just knew it. And I love the timing. Right at the last minute so it would be the ultimate pee on Phantom's parade. I wonder how much involvement Geldof actually has. Not much I'd say. Or am I wrong?

spiderlegs

I am angry!:mad: How much longer!!! funkin zed Fm they have me as angry as a... oh I don't know, I'm too angry for thinking up any similes or metaphors!!! You WILL get your licence and can spend all your days on the air in total and utter happiness.This is but a minor setback.....you shall whip zed fm's asses in the supreme court I will make sure of it..I'm off to bribe people involved in the legal system right now.:v:

dionsiseire

well as owner of goldenplec.com having a portion of irish music listeners using the site i personally would like to start a small campaign

i suggest sending ZEDFM a christmas card explaining what we think of their actions

any graphic designers are welcome and if phantom fm approve we can add the phantom logo to the card

with enough people they will be innundated this christmas with christmas cards displaying exactly our opinions of their actions.

nothing abusive mind, we dont want to become known as abusive fans, just a suggestive image maybe showing phantom behind the the mic with scrollside with empty pockets and being down and out.

titled

happy christmas
PHANTOM FM FAN

edgall

Has anyone considered petitioning scrollside to back down. Surely if there was enough people telling them to they might finally see the light and think
"hold on, I think people might not like what we're doing here"!!!

Smurfpiss

A petition? nah. Seeing as it's christmas, I think we should call on the Ghosts of christmas past, present and future (and for good measure, John Peel) And have them visit Mr. Stokes and Geldof. Bloody scrooges. Maybe then they'll see the error of their ways. Oh and for comic effect, shove their heads up a turkey's arse

BrianD

Ho you can listen to Ger Roe, CEO of Phantom FM, talking about the Supreme Court appeal on Newstalk 106 tonight, Sunday Dec 4th 22:00-00:00. I think the interview peice is around the 22:20 mark.

You can Hear Newstalk in Dublin on 106FM or online at www.newstalk106.ie Don't forget to send them a text!

flogen

edgall wrote:

Has anyone considered petitioning scrollside to back down. Surely if there was enough people telling them to they might finally see the light and think
"hold on, I think people might not like what we're doing here"!!!

ZedFM/Scrollside have proven that they're not interested in what the real fans want, they're purely a business. Sure, Phantom need to take on more of a business mind if they want to survive, but they also know that alienating your target audience is bad business.
A petition would mean nothing, Zed know they're fighting a pointless battle, but they're just trying to wind up phantom, take the shine of their parade and maybe cost them some money in the ad revenue they've missed.

roxy

flogen wrote:

ZedFM/Scrollside have proven that they're not interested in what the real fans want, they're purely a business. Sure, Phantom need to take on more of a business mind if they want to survive, but they also know that alienating your target audience is bad business.
A petition would mean nothing, Zed know they're fighting a pointless battle, but they're just trying to wind up phantom, take the shine of their parade and maybe cost them some money in the ad revenue they've missed.

I know any comment on the case here is mostly speculative, as none of us listeners have been present at any of the court appearances. BUT, I think the biggest mystery for us observers is how Zed can feel confident enough to push ahead with an appeal? What is it that's giving that confidence? If the last judgement was as solid as it seems, then you'd imagine that those providing legal advice to Zed would advise against an appeal. Yes, part of the Zed strategy is clearly to delay Phantom's progress and to prevent them from recouping initial start-up costs for as long as possible. BUT, the mystery is that Zed obviously feel that the expense incurred by THEM is worthwhile in the long run. I wonder is the delay tactic their only tactic, or is there something else which they intend to bring to the proceedings this time round which wasn't there the last time. These are the questions that have been running through my head anyway.

So I'd imagine the thing that's worrying most Phantom fans is the possibility that Zed's strategy has some weight behind it. Of course they could be just calling everyone's bluff but wouldn't there be a bit too much at stake to play risky games?

Obviously I hope againt hope that this appeal just runs its course and that Zed's strategy proves useless. But I suppose those of us wanting to see Phantom on air are a bit lost right now, as I'm sure everyone is.

F

ThatBloke

roxy wrote:

I know any comment on the case here is mostly speculative, as none of us listeners have been present at any of the court appearances. BUT, I think the biggest mystery for us observers is how Zed can feel confident enough to push ahead with an appeal? What is it that's giving that confidence? If the last judgement was as solid as it seems, then you'd imagine that those providing legal advice to Zed would advise against an appeal. Yes, part of the Zed strategy is clearly to delay Phantom's progress and to prevent them from recouping initial start-up costs for as long as possible. BUT, the mystery is that Zed obviously feel that the expense incurred by THEM is worthwhile in the long run. I wonder is the delay tactic their only tactic, or is there something else which they intend to bring to the proceedings this time round which wasn't there the last time. These are the questions that have been running through my head anyway.

So I'd imagine the thing that's worrying most Phantom fans is the possibility that Zed's strategy has some weight behind it. Of course they could be just calling everyone's bluff but wouldn't there be a bit too much at stake to play risky games?

Obviously I hope againt hope that this appeal just runs its course and that Zed's strategy proves useless. But I suppose those of us wanting to see Phantom on air are a bit lost right now, as I'm sure everyone is.

F

Good point, wasn't it said after the last appeal was rejected that they could only appeal again if it was on constitutional grounds, maybe they've found something they can work with?

flogen

roxy wrote:

I know any comment on the case here is mostly speculative, as none of us listeners have been present at any of the court appearances. BUT, I think the biggest mystery for us observers is how Zed can feel confident enough to push ahead with an appeal? What is it that's giving that confidence? If the last judgement was as solid as it seems, then you'd imagine that those providing legal advice to Zed would advise against an appeal. Yes, part of the Zed strategy is clearly to delay Phantom's progress and to prevent them from recouping initial start-up costs for as long as possible. BUT, the mystery is that Zed obviously feel that the expense incurred by THEM is worthwhile in the long run. I wonder is the delay tactic their only tactic, or is there something else which they intend to bring to the proceedings this time round which wasn't there the last time. These are the questions that have been running through my head anyway.

So I'd imagine the thing that's worrying most Phantom fans is the possibility that Zed's strategy has some weight behind it. Of course they could be just calling everyone's bluff but wouldn't there be a bit too much at stake to play risky games?

Obviously I hope againt hope that this appeal just runs its course and that Zed's strategy proves useless. But I suppose those of us wanting to see Phantom on air are a bit lost right now, as I'm sure everyone is.

F

Well, worst case scenario for Phantom, and the best for Zed is that this delay leads to financers pulling out because they're not getting the income they expected as quick as they had budgetted for, the same goes for Advert contracts that Phantom were probably negotiating from the minute they got the licence in the first place.
As for finding something new, I don't see what, I just think Zed FM saw the chance to put things off as long as possible, I'm not a legal expert but the original hearing took so long I'd imagine this appeal hearing will be delayed until the new year, meaning a new verdict may not be decided until February, especially if Zed drag their feet like they have before (presenting evidence late etc). It could be the summer before Phantom FM finally get operational. The cost to Zed, minimal considering the backers, Hot Press is seen by many as the Irish Music Scene bible, mainly because nothing else exists to challenge it besides poor freesheets. In that respect Stokes has plenty of money to throw at the problem, especially considering that Phantom will have connections with Kerrang (for their music news) and thus have a possible effect on Hot Press sales in Dublin. Geldof, well he's up to his tits in cash too.

BrianD

ThatBloke wrote:

Good point, wasn't it said after the last appeal was rejected that they could only appeal again if it was on constitutional grounds, maybe they've found something they can work with?

I am not a lawyer but in practice the Supreme Court will only hear appeals from the High Court on points of law or if it's unconstitutional. Generally everything presented as evidence in the High Court is taken as fact and no new material is introduced. Otherwise it would just be a form of re-trial. The exception being if something accepted as true is later found to be false or is somebody lied when giving evidence.

Rest assured that the Phantom FM consortium is rock solid and are looking forward to going on air. As stated in the application process, the Phantom consortium is made up of a particular group of people who are believe in the ethos station and are in it for the long haul. Sure we're annoyed with the unnecessary delay, the fact that we can't tell advertisers when they can have their airtime, that bands and records can't have their music played and that we can't provide employment to some great new broadcasters and radio people. Right now, the real losers are you guys who are waiting for your station to go on-air!

Dudess

Hey, if this were a movie who'd play the Zed guys?

roxy

They couldn't be portrayed by humans so..

Stokes



Geldof

a5y

I look to forward to the end of Zed FM's "Lawyers talk rubbish" and the resuming of Phantom FM's "The Two Pete's talk rubbish".

I won't waste perfectly good profanities on what I think of Hot Press and all this. I wonder if Sir Bob will be getting alot less Christmas cards from his fans this year...

Wacker

Dudess wrote:

Hey, if this were a movie who'd play the Zed guys?

That bloke from Pulp Fiction, just so it would fit perfectly with the line "Zed's dead baby, Zed's dead." Bloody hell, I'm looking forward for the day when that really is the case.

dead air

Wacker wrote:

That bloke from Pulp Fiction, just so it would fit perfectly with the line "Zed's dead baby, Zed's dead." Bloody hell, I'm looking forward for the day when that really is the case.

There's been a lot of talk about what song phantom should play first when they come back on air... tbh, that pulp fiction clip should be the first thing broadcasted on phantom. Oh, how apt

FABIAN
Butch, whose motorcycle is this?

BUTCH
It's a chopper.

FABIAN
Whose chopper is this?

BUTCH
Zed's.

FABIAN
Who's Zed?

BUTCH
Zed's dead, baby, Zed's dead.

And with that, the two lovebirds PEEL AWAY on Grace, as the
SONG on the BOOM BOX RISES.

Smurfpiss

pure f**kin' genius.
Pete, ya gotta do this. I'll steal your childhood transformer collection if you don't.

LeonaK

Wicked!!

JJ

That's perfect. Does the soundtrack have that soundbyte from the movie in it? If it does, they should include the lines from the movie as well.

ThatBloke

ignore

ThatBloke

http://www.babelrock.com/cinema/films/pulp_fiction/bandes_son/zed_s_dead.mp3

http://www.volovik.com/kino/soundtrack/Pulp_Fiction/8.ram


30 second snippet and longer Realmedia version

ColinJennings

I thought they merely applied for leave to appeal. The Supreme court doesn't hear every case that people want to appeal. You have to set out your case and the court can and does often say that you have no case and strikes it off. I just hope this is the case in this instance.

The court will probably take note of thier tactics (delaying both appeals till the last moment) into account and may punish them for thier unfair play. Wouldn't that be nice!

SimonMaher

Just a quickie to say that the case is up for mention in the Supreme Court on Friday at 11am. Just a procedural hearing, but at least its on the list! Will report back afterwards.

Regards,

Pete Reed
www.phantomfm.com
reed@phantomfm.com

DMC

What's the story now, Pete?

SimonMaher

From Todays Irish Independent:

by Ailish O'Hora

ZED FM, a consortium backed by Bob Geldof and Niall Stokes of 'Hot Press', has lodged a Supreme Court appeal against an earlier High Court judgment on a new FM licence which was awarded to Phantom FM.

The appeal was lodged by Zed at the eleventh hour, and will delay Phantom FM's launch of the new radio station which was expected to start broadcasting in the New Year.

Yesterday, Zed FM was given until next Wednesday by the Supreme Court to lodge security costs.

Phantom, which was awarded the licence by the Broadcasting Commission of Ireland (BCI) on November 8 of last year, was first forced to delay its start-up date after being challenged in the High Court by the Zed consortium.

The delay came after Zed unsuccessfully challenged the granting of the licence to Phantom on four grounds, including claims that the BCI was unfairly biased towards Phantom FM, and that members of the consortium wrongly benefited from illegal broadcasting in the past as a pirate radio station.

Dublin Rock, trading as Phantom FM, is backed by investors including Paul McGuinness's Principle Management and Denis Desmond's Gaiety Investments.

Regards,

Pete Reed
www.phantomfm.com
reed@phantomfm.com

SimonMaher

Hello all,

Heres the latest legal update...and its good news!

As has been mentioned many times before, Phantom FMs full-time launch has been delayed by continuing legal action brought by an unsuccessful applicant for the Dublin Alternative Rock licence, Zed FM. Having had their case dismissed in the High Court in November, Zed have now appealed the High Court decision to the Supreme Court. This appeal will be heard in February 2006. The early hearing of this case is good news and, all going to plan, will hopefully see Phantom FM on air in the summer.

Regards,

Pete Reed
www.phantomfm.com
reed@phantomfm.com

Smurfpiss

i'll be on my J1.... get a really long antenna and point it towards boston will ya??
indeed that is great news! here's hoping they get the swift kick up the arse that they deserve.

spiderlegs

Oh phantom!! Good luck...you guys know you're the only radio station that rocks the kasbah!!

projectmayhem

Smurfpiss wrote:

i'll be on my J1.... get a really long antenna and point it towards boston will ya??
indeed that is great news! here's hoping they get the swift kick up the arse that they deserve.

the interweb dude. they say it's the way of the future