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

SimonMaher

Hello all,

Just a quick message to let you all know that Zed FM/Scrollside have lodged papers seeking to appeal to the Supreme Court the decision of the High Court to uphold the awarding of the Alternative Rock radio licence to Phantom FM.

These appeal was sought today, the last available day for such an appeal to be lodged.

Obviously we are dissapointed at the continuing actions of Zed FM/Scrollside and will be issuing a further statement in the coming days. We will of course keep everyone posted on www.phantomfm.com when we get further details.

Regards,

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

ThatBloke

Booooooooooooooooooooo. You'd think they'd give up the ghost after all this time. They're just trying to sweat you out loads, hold on in there.

dera

oh come ON!

doesnt that mean they think the high court judge erred on a point of law?

flogen

I was never a big fan of Hot Press or Bob Geldof, but this has cemented my opinion!

Is this just to wind you up? I mean, if they lose their appeal they'll have to pay legal costs too, so it won't cost you a penny, just time, right?

Smurfpiss

Couldn't they find something better to waste their money on?
I mean really.... supreme courts? Jesus give up will ye? :rolleyes:
Good luck phantom...
hope you can still ramble on and do your bit while they fart into the wind.

roxy

Oh for the love of God Almighty.

When will this nightmare END?

DMC

If it hasn't been thought up already..... boycott Hot Press, imho.

FFS, this is ridiculous.

It wont cost Phantom a penny, as the action is between the Broadcasting Commission of Ireland and the consortium around Zed.

How long are we talking with Supreme Court cases? Not before Christmas? Six months??

Hang in there chaps, it will be worth it.

Salubri

One of the things I looked forward to about moving to Dublin was Phantom FM... I listened to Phantom for ages online from Sligo and I think it is more than worthy! What is up and why the hell is there so much hassle with Zed/Scrollside? Are they worried about the competition or are they just pains in my backside?

butterfly

for the love of Jesus. talk about kicking a dead horse (here their own attempts being the dead horse, incase anyone is under illusions in some way..) they'll get theirs eventually..

legspin

I knew this was going to happen. That bunch of w**k**s just can't stand the fact that there is no lollipop for them on this one and they have to keep running to the teacher. :mad: :mad: :mad:

Now repeat after me
Zedfm are a complete shower of (insert favorite perjorative here)

Earthhorse

Even if they were to get this decision overturned, a new competition were held and Zed FM were to win it, don't they realise that they've entirely alienated their core audience with these actions?

They couldn't possibly hope to launch successfully with all the contempt they've generated.

Dont be at yourself

That's ****ing ridiculous. I can only imagine how frustrating it is for the staff of Phantom, but your moment will finally come and we'll all be waiting for you when you hit the airwaves!

Rockiemalt

it is costing phantom really cause they should have been on air nearly 5 months now so they'd be getting advertising revenue and have jnlr figures and the like....

Vic

I can't effin' believe it! What are they playing at? Bob Geldof was on with Ray D'arcy this morning saying that "music occupies my soul...business occupies my stomach..etc" , well his business makes me sick to mine! :mad:

Keep your chin up Phantom fm, the good guys always win in the end!

JJ

Jaysus, just read about this in Autamata's newsletter. I involuntarily boycotted HP ages ago. Hopefully there can't be any appeals to any EU court though Bob Gandalf would be one to do so on human rights grounds.

OFDM

I hate Bob Geldoff. Hate, hate, hate.

I hope the Supreme Court belt ZedFM's ass into the ground.

I assume this is going to delay the Phantom launch further?

Does anyone know how long it typically takes for an appeal to the Supreme Court to be heard? Weeks, months or years?

QM79

Why oh why oh why oh why oh why? For the love of God. This is blinking ridiculous. But we've waited this long we'll just keep on waiting. We're all still right here behind Phantom. Lets keep the heads up.

monkey lover

ah C'mon!!!

There is no way they can win this case, they're just delaying phantom getting on the airwaves.

Our Time Will Come

Kazujo

This is absolutly ridiculous. Will the supreme court actually listen to this BULL??

Down with Bob, Zed and hot press

memaeve

Insane. They really didn't take well to losing did they? As was said, hang on in there, you have all of our support all along the way!
xm

LegacyUser

I'm sorry, can you just clarify that zed fm are actually questioning a decision that has been passed twice?

You cannot be serious?

I must ask, and I could be biased as I am a big phantom fan, but do Zed fm think that any of this will increase their popularity?

I mean, lets say the decision, thats has been passed twice, was over turned, and Zed fm where granted a licence, their behaviour over recent months would hardly boost their ratings. If anything they are strengthening the loyalty of the Phantom Fm listeners.

Bad move Zed, you could have lost gracefully and reapplied in time.

Right now, my opinion of you is that:

:v: "You are nothing more that sore loosers"

JJ

Also, the Hot Piss message board is censoring any discussion on this topic. That's to be expected I guess.

Also also, I believe that if Zed FM were able to overturn the decision, the whole application process would have to be done over again. They wouldn't just get the license.

acquiescefc

AND IN THIS CORNER WEIGHING IN AT 850 POUNDS- PHANTOM F'N FM

Get in the ring
Yeah







absolutely pointless appeal and everyone with a grain of 'common' knows it.

ergo

*cries*

I can't believe this, I only just heard the news

minor setback anyway, but damn annoying

*again shakes fist at Geldof, Stokes etc*

BrianD

JJ wrote:

Also, the Hot Piss message board is censoring any discussion on this topic. That's to be expected I guess.

Also also, I believe that if Zed FM were able to overturn the decision, the whole application process would have to be done over again. They wouldn't just get the license.

That is correct - it would have to be readvertised and the process started all over again.

It's odd that the topic is not allowed to be discussed as the High Court Judgement is a public document and stands. The Supreme Court appeal has not even started and accepts the contents of this judgement as fact.

bandit

Earthhorse wrote:

Even if they were to get this decision overturned, a new competition were held and Zed FM were to win it, don't they realise that they've entirely alienated their core audience with these actions?

They couldn't possibly hope to launch successfully with all the contempt they've generated.

What bollox, if they Zed start broadcasting as the only an alternative music station do you think honestly think people who are into that music will stop listneing because it's not phantom? .... "Oh hears my favourite bands new song but no wait this is Zd FM not phantom TURN IT OFF...."

Still its pretty sad that we will have to wait even longer to get a full time alternative channel on the air.

Earthhorse

I think the success of any alternative radio station in Ireland will be precarious at best.

The audience is small and a certain segment of it is pretty fickle so yeah I do think it would significantly impact their ability to launch successfully.

scarfacemj

That's just great, why don't just accept that they're beaten! Hope it doesn't mess up your plans too much guys, I'll say a pray for ya

Steveire

I was looking for a zedFM website to see how they justify doing this but i can't seem to find one. Anyone know why they're doing this or why they think they can win?

Rockiemalt

i would not lsiten to zed fm ever

Smurfpiss

Me neither. But i would get their number and send smelly texts messages to St. (upid) bob if he's ever dj-ing.

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.