Friday, July 28, 2023

A Bit of History that Dan & Jake Might Find of Interest

138 comments:

  1. [[[NOTE: Please do not use "Anonymous" as a name. Select something distinctive, not too vulgar, and not confusingly similar to the name of a real person or someone else's posting name. I am NOT deleting "Anonymous" posts on this thread; that will await publishing some more detailed guidelines.]]]

    [[ANOTHER NOTE: This is not the "tidbit" promised a few days ago.]]]

    I'm about to turn in, but I thought the Confessor would find this interesting. Did a quick Google search.

    An anonymous Confessor on the last thread said that Cumulus had sent Smilin' Dan and Jake a cease-and-desist demand (i.e., that they cease publishing their podcast). I couldn't tell from the comment whether this is something Dan & Jake said, or something the Confessor heard. Nevertheless, the following is of interest:

    Cumulus has been through this drill before, and has been at least partially successful. Here is an excerpt from a legal opinion from a case in federal court in Michigan from 2016. Quick sketch of background: Cumulus fired two hosts. The hosts sued for age and sex discrimination. Cumulus counterclaimed for violation of their noncompete and other provisions of their contract and sought a preliminary injunction stopping the podcast. Here's the excerpt. I'll have a brief comment at the end.

    "Defendant's counterclaims rest on allegations that, by broadcasting an internet morning show following their termination, Plaintiffs violated non-compete agreements between the parties and impermissibly accessed Defendant's confidential business information. Id. Defendant then filed motions for preliminary injunctions against each Plaintiff on April 18, 2016, seeking an order (1) enjoining Plaintiffs from continuing to broadcast the Internet Show in violation of their employment agreements; (2) enjoining Plaintiffs from continuing to use Cumulus's confidential information, continuing to use the name "Blondie", and continuing to solicit Cumulus's current and former advertisers; (3) requiring Plaintiffs to make a detailed accounting of income generated from their competing activities; (4) requiring Plaintiffs to return all of Cumulus's confidential documentation and any record of trade secrets; (5) allowing the immediate commencement of discovery; and (6) awarding Cumulus attorney's fees, costs and interest pursuant to the parties' employment agreements. See ECF No. 8.

    "Defendant's motions for preliminary injunctions were granted in part and denied in part on July 15, 2016."

    This particular decision did not relate to the preliminary injunction (it was about whether the case should be sent to arbitration) so it doesn't describe what activity of the former hosts got enjoined. I learned what happened in the case from a news account. See next comment.

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  2. The news account states:

    "Overall, the internet show can continue. Burke and Holzhei [the hosts] won a big decision, in that the judge decided a streamed show is not the same as a radio station, agreeing with the DJ’s arguments.

    "Burke and Holzhei argued they did not solicit any station sponsors; they all came to them, however the judge told them specifically they cannot solicit WHNN advertisers. The judge also agreed with Cumulus that the DJs must stop using the WHNN calls because those are trademarked-protected. Burke testified he got Twitter support to remove the calls from his account.

    "They cannot use the phrase “Tweet of the Day,” or any other segment created when they worked for Cumulus.

    "Cumulus tried to prevent Holzhei from using the “Blondie” nickname but lost that count because the judge said the broadcaster failed to prove that “it developed the nickname or any features of the Blondie character. Instead, it is undisputed that Blondie has been Holzhei’s nickname since she was a child,” Judge Ludington wrote.

    "Cumulus also claimed the DJs had access to confidential Nielsen rating information, but the judge said that wasn’t proved.

    "The judge denied a Cumulus request to make the DJs turn over a detailed accounting of their new business income; nor will he award Cumulus payment for attorney’s fees, costs and interest."

    * * *

    Overall, a good result for the hosts. This case is a half-dozen years old now; perhaps Cumulus has changed its noncompetes to acknowledge digital realities, or perhaps the broadcast landscape has changed in a way that makes it easier to prove that a podcast consults with a radio station. (The Ticket, for example, links to many of its own podcasts on its website, making it easier to argue that a D+J podcast competes.) When I get a moment I'll look for other cases in which Cumulus has tried to stop a podcast.

    The point is: Cumulus does attempt to enforce noncompetes through lawsuits, and even though the hosts here didn't have to quite their podcast, they spent a fortune not only resisting the preliminary injunction, but also fighting battles over arbitration.

    Can anyone confirm/quash the "news" that Cumulus sent a C+D demand to D+J?



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  3. By the way: When you see a red but no comment from me, hold your horses. I have to put up the post and import that red before I leave a comment, and if it's a lengthy comment, there will be a gap between putting up the post and publishing the comment. So just hang on before expressing puzzlement over the posting. I'll get up my comment as soon as I can. Thanks.

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  4. Dan read from it on the podcast, and Akashi Singh, who was on the podcast recorded 7.26, confirmed seeing it. I don’t know nothing about nothing, man, but I’d have to think using terms like Dumbzone, Kempspin, P1s, etc would be a problem.

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  5. Say we set up a digital wallet where fans can drop money allocated for legal fees. Cumulus is bigger than D&J, but together we are bigger than Cumulus.

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    1. Why would anyone want to do that?

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    2. I don’t believe we are bigger than Cumulus

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  6. Somebody posted (then deleted) on reddit that the new lineup will be Sean and Mino 10-12 and Donovan and McClearin 12-3

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    1. deleted because it's incorrect. y'all will find out Monday.

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  7. Breakfast QuesadillasJuly 28, 2023 at 11:19 AM

    I'm more okay with Sean than some of you. At the very least Sean and Mino would give us the Rangers talk that we don't hear from the Musers other than maybe the 6:00 segment, when many P1s are still asleep.

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  8. I would love a Monty/Emmerich pairing and settle for the Donovan/MM rumors. I do need more Blake somewhere in there though. He's got something.

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    1. Hopefully we hear Blake on with D&J on the freak in 6 months

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    2. Emmerich as a host would be the equivalent of a somewhat funny SNL bit being stretched to a terrible 90 minute movie

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    3. Yeah possibly, but I think he’ll have more depth when he gets over his giddiness of being on the ticket

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  9. BitcoinBob, that's a bit of a cringey sentiment to begin with, but it's also ridiculous. How much do you think legal bills are?

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  10. Plainsman- from what I’m told, the standard cumulus non compete now covers audio, video, streaming, etc. so podcasts or live-streamed content would qualify. Source -former coworker who is now employed on air in a smaller Cumulus market. I linked to the court case at the end of the last thread, IDK if THZ thinks they’ll get away with this, but I’ve been told Cumulus is pissed. The leaked email said they’d been negotiating since December, and looks like talks broke down because THZ wanted something no one else in the company gets, IP rights, independent monetization, etc. I can totally see big company with a legal department willing to try to hammer THZ. Then they have to pay their lawyers out of their Patreon income. Which will end if Cumulus asks for a TRO.
    C

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  11. Joey Jo-Jo Junior ShabadooJuly 28, 2023 at 3:14 PM

    If TDZ (let's call them by their new name) fights this to the end it will be incredibly expensive. A decent lawyer in Dallas starts at $400-$500 an hour, and it sounds like they have at least two lawyers. So even if they win, they are out that money. If they loose, they have to pay Cumulus' legal fees, and I bet they have an armada of lawyers each charging significantly more. So, if they lose, they lose BIG.

    When TDB launched on Patreon, I immediately noticed that the "About" section says "San McDowell and friends bring you The Dumb Zone". Jake's name does not appear anywhere on the Patreon site. That is an intentional choice, and my guess is that it has some legal ramifications in the event they are found in breach of their non-compete. I'm not sure what those could be - Jake is clearly participating in the podcast, so he would be just as guilty for violating the noncompete, but I wonder if his name not being used to promote the show matters ...

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  12. On the run, but a quickie:

    Some good commentary and information here.

    C minus (the Confessor Formerly Known as C, apparently), I'm hearing a lot of the same things you are. There is an angle to this (the "tidbit") that C minus has mentioned that prompts some unfortunately technical and needing-explaining possibilities. I'll get to it as soon as I can.

    Thanks to all. Will be returning to MTC Tower and Cigar Emporium in a couple of days.

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  13. Yes, I tweaked my MTC nickname because I’m not the head of a division of her majesty’s secret service like “M” or “Q” , and mostly in honor of my UNT GPA. So yes I did see UNT everyday for almost 6 years…I was not a good student:..
    C

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  14. And Plainsman, give me a prompt and I can try to go deeper on what I know, but need to know which subject…
    C

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  15. I wonder if it’s bc Dan’s contract is older (signed in 2018 possibly) and doesn’t contain the broader noncompete language

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  16. Yeah, I love Dan and Jake, but no way I’d donate to a legal defense fund. LOL. Man, a Donnie and Doocy noon to three would be as dry as the Sahara.

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  17. Reddit page is such a strange scene. Comments galore about NEVER LISTENING TO THE TICKET AGAIN. And saying stuff like I'M DONE IF SEAN BASS OR MATT MCCLEARIN ARE ON THE AIR IN ANY WAY. Their collective life hangs in the balance with THE FATE OF THE DUMB ZONE. It was a good show and sometimes a great show. It'll be missed. But for f's sake. Now we have people who want to contribute to their legal defense fund? Wasn't aware they had anything to defend against. Least not yet. I always crack up when Gordo or Corby imitate the You've Just Lost A Listener emailer. With the Texas Twang and of course always have to throw in whatever GOPer buzzword or supposed threat to society of the day. But hell, these reddit folk are HZ people. The progressive ones. The right side of history set. But there they are, shitting their pants and pinching their weiners. Shouting at the sky "I'M DONE!!!!"

    Too funny. Huh. Wonder if Gordo and Corby will imitate them too?

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    1. I’m sure Gordo and Corby will keep imitating conservative snowflakes. Go back to shitting your pants over what’s on a can of Bud Light and Jason Aldean dog whistle music videos getting taken off of CMT

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  18. Hahaha! So easy to ferret. Bruh, you're too good at this. I mean, ouch! You turned the snowflake thing the other way around. Genius! Question: How do you know what a dog whistle sounds like unless you yourself can hear it? Hmmmmm. Now how about you address the comment in a substantive manner? Oh, first things first. You're going to have to look up the word "substantive." I'll be here waiting, bruh.

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    1. In all the threads and comments in the fallout of D&J leaving, starting a podcast and potential ramifications on a non compete, somehow you’re the only guy that’s twisted it into some bizarre take on progressives. I don’t even know what point you’re trying to make. Your comment doesn’t need a substantive response because it’s stoopy dumb and needs to go away. Don’t forget to change your pants.

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    2. Again, address the comment. Have a cogent argument. You can't. It's above your paygrade. So you respond with pathetic whimpers. Even your handle evinces your lack of intelligence, creativity. Fire starter name, fire starter comments, and yet they all flame out. Poor baby.

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    3. What comment are you so pressed about? Because I don’t know what point your trying to prove and I’m sure the only one who cares is you

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  19. Too many “bruh”s for my liking.

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  20. No one asked you, bruh. At least you used your name and didn't impersonate another. You know, like you did before.

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  21. For everyone wringing their hands over the loss of THZ and its replacement, just know that this isn't on tap, and thank your lucky stars:

    "Alpha Media’s “94.1 San Antonio’s Sports Star” KTFM Floresville TX will add CBS Sports Radio’s Jim Rome Show from 12-2pm weekdays starting Monday, August 14. KTFM has been airing ESPN Radio programming in the timeslot since the cancellation of “Halftime” hosted by Mike Jimenez and station Brand Manager Tim Spence in early June."

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    1. Jesus Christ that paragraph is a fucking nightmare. #prayforSA

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  22. Rolling my eyes over silly political back and forth, but I have to admit “pinching their wieners” cracked me up.

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  23. Monty was so good today. Really hoping he's on the Varsity squad come Monday.

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    1. Monty getting a full time weekday gig will be the only thing that helps lessen the blow of Pedo Matt getting a full time weekday gig

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    2. Monty has definitely earned a ticket to the Show.

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  24. Let me second that, MTC.

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  25. Just listened to the new July 28th Patreon. They were openly mocking the Cease and Desist order as in they know it is absolute bullshit that is far to broad to hold any water. It is only a matter of time until those are outlawed across the country in that is clearly anti competitive and serves to suppress wages.

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  26. Maybe, OU812 (great album, by the way). Maybe not. As others have pointed out, Cumulus doesn't need to "win" in court in order to prove a potentially devastating, costly "point" to Dan and Jake. I'm probably in the minority, but in my eyes, DnJ are beginning to look like rank amateurs, petulant teenagers. In fact, I'll go as far as to say that either only a fool or someone who already has their near future securely in place would go about their business in the way these two have. I'll also take it one step further and say their antics (from "non starter" to inside jokes while at the negotiating table to The Dumb Zone to Sam McDowell and now this) comport nicely with how TF hosts go about their business. That is, trolling, thinking their clever when they are not, and a whole lot of semantics games. I don't like thinking this about DnJ, as I've always been a fan of both and I was a HZ P1.

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  27. *they're clever* Ugh.

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  28. @00110011 as much as I hate to agree, yeah, it’s total amateur hour and worse, total naivety in their part. Going back to their initial free video. They admitted to resigning their jobs at the request of Cumulus. My dudes, don’t do that! If the big corporation that you’re at an impass with asks you to quit your job, don’t fucking do it! It’s so abundantly clear they have not consulted attorneys or agents or anyone with half an idea on non-competes.

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    1. @Ticket enjoyer—so they keep going to work without a contract? Have you been a contractor before? I’ve had contracts ended because my rate was too high. The company wasn’t going to pay me my rate if I kept coming in and I’m guessing the same would go for D&J. I think Dan even alluded to not sure of they were getting paid for the time after their contract expired.
      These posts seem like a lot of guessing about things and hearsay. Even the “insider” information has been suspect. Seems like the only one that has dug into things is Plainsman and even he’s had a bad source.

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  29. You seem to care, an awful lot, at that. Explain how you know what a dog whistle sounds like when only a dog can hear it. Can you make the basic inference here?

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    1. And what is your basic point? That the person understanding the dog whistling the equal to the person dog whistling? Because that’s a shitty point. Please espound

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  30. "[E[spound"? A "shitty point." See, there you go again, starting a fire that doesn't have enough energy to sustain. You're just not good enough. It's basic critical thinking. Moreover, you are incorrect. Put your tiny beanie with a propeller on and go back to the drawing board. If you'd like a few primers on critical thinking, I'd be more than happy to provide a few titles for you. Cheers, mate.

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    1. Sir, please tell us again how Reddit are a bunch of progressive simps

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  31. @In-House Unfortunately, you might be onto something there. It's like I said in my previous comment, I don't in the least enjoy thinking these things. I'm old, with age comes experience. Experience, mind you, not necessarily wisdom. Gandlof the Great, I am not. But I have learned a thing or two over the decades. One of them is that if you begin to see a pattern, there's a good chance you are in fact seeing that pattern. In other words, don't discount your experiences. The old saying about ducks and quacking and whatnot. All this is a longwinded way of saying that I'm starting to detect a pattern of behavior and I don't like what I'm seeing. My fear is that by the time they realize things are damn serious, as in DAMN serious, and it's time to step outside the bubble and be a realist about the situation, it'll be too late and they'll pay a steep price for it. I don't want that to happen.

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  32. To C or C Minus—there are other hosts at Cumulus stations that have podcasts and make money off of them. Cole Cubelic is the first one that comes to mind but I’m guessing if that is a sticking point or issue, D&J’s lawyers have already requested a list of current Cumulus employees that make money off of podcasts(Jake has had IJB for years) to highlight that those employees would therefore be competing against Cumulus as well.
    I just don’t think a podcast is going to get blocked but they can forbid IP like the Dumb Zone, Kempspin, etc from being used. D&J mentioned their attorney hasn’t to approve episodes before they’re released and the Aakash episode is going to have some redactions.

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    1. *has to approve

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    2. It may not be that they monetize it, it may be how they monetize it. Read that non compete case I linked to in the last thread and that Plainsman references above. Now brainstorm and think of ways to create havoc if sponsorship money of that podcast doesn’t flow thru Cumulus. Quick google search tells me Cube is rooted at the Cumulus station in Birmingham, as is another name in the news. Do you know Cubes deal? I see it on all the usual podcast platforms, do we know how or where that podcast revenue goes?
      Back to my thesis- leaked email said “competing digital media interests”. Look at how Cumulus tried to protect itself in a regular non compete situation. As I said above, brainstorm, theorize, make guesses.
      Was there plan do do a patreon type show all along? That they had cartoon artwork ready tells me something. Maybe Cube podcast s his show, and gets a cut of ads sold. Were TDZ willing to accept a similar deal? Were they willing - like in court case- to agree not to call on current clients? Especially to fund their podcast? Cumulus gives its sellers a commission on sales-spots, digital, events, etc. theorizing- IJB did the occasional live taping at some bar. What if TDZ wanted to do the same and retain that money? At that point, TDZ is taking Cumulus IP (TDZ) and profiting off it at Cumulus’s expense. That my friends is a “competing digital media interest”. Perhaps they wanted a cut of podcasts revenue, to include current clients. Why would Cumulus take a deal where client spends x,000 dollars a month. And if that money moves to podcast sponsorship, they now are entitled to zero thousand because they don’t share the podcast revenue now. Always circle back in your mind to “competing digital media interests”. What qualifies as a digital interest (a podcast would) and how would it be a competing interest. Poaching clients, retaining revenue, etc would all be competing interests.
      Perhaps I’m wrong. But it’s funny how TDZ are refusing to explain what the sticking point is. I think it was Corny who said it was something other shows and other people in cumulus don’t have. So think, can YOU come up with a scenario that takes money out of the Cumulus pocket and puts it in TDZ pocket for anything above salary and the usual- appearance fees, remote fees, live spot fees, etc? If you can, if you said “ hey were TDZ we do all the heavy lifting for WTDS, we want the revenue for that podcast to go directly to us”, then congrats, you’ve come up with a “competing digital media interest”. I don’t know what the interest is, but I can make educated assumptions based in words used. THZ/TDZ wanted to make money digitally in competition with Cumulus. Not in cooperation with, in competition with. That’s why a deal didn’t get fine. C

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  33. @Shoopie
    This isn't a shot at you, but a genuine question: In fairness, then what why is your analysis any different? What are your sources? From my understanding, it seems the sticking point pertained not to the podcast per se, but rather, to the way in which they wanted to monetize it. Now what exactly that entailed, I don't know. Not sure anyone other than the parties directly involved do at this juncture.

    Off topic: I really wish the Reddit Lib - McRuff - lastest anon (who's probably Reddit Lib) pissing match would, ahem, cease and desist. Neither one of you are impressing or scoring points with anyone. Grow up already.

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  34. I think we can all agree, no matter what 10-3 looks like, it will be better than anything TF is putting out there. Talk about a disaster. At the end of the day P1s will close ranks and support the lineup.

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  35. FWIW, had a discussion with a lawyer fam member who specializes in contract law. Spelled out the deets as best I could. She said from what I said THZ is probably in for a serious hurting. Probably so even of they totally back down and cease and desist. Said once large corp entities get the ball rolling, they're done listening to the other party and there's no stopping the process. This is nearly 100% when the party is an ex employee who in their eyes is willfully violating their contract.

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  36. new lineup info from a couple guys on texags.com who sound like they may know stuff:

    Morning drive no change of course
    10 to noon changes to 10 to 1p - Matt McClearin to join Donny
    1 to 3 will be Mino, Monty and Sean Bass
    3 to 7 no change, Mino may still produce, not sure


    https://texags.com/forums/37/topics/985308/497

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  37. I get it, throw a (rather large) bone to SeaBass, a long time, loyal employee who's done everything but clean the toilets. But, I dunno. He will absolutely dominate the conversation, as he always does. Like the dude as a dude, but he's got a bad case of gottaberightitis. That stuff gets real annoying, real quick. Donnie and McClearin I'm fine with. MM went from being a difficult listen with a creepO factor to a rather fine host who seems to have grown up some and has a better understanding of the concept of TMI. I'll give it a shot, for sure. I know WiP will be solid stuff. And I'll also give it a shot with Sean. Of course, all this is predicated on a comment from an A&M forum.

    Guess we'll know in a little more than 48 hours from now.

    Meanwhile, TDZ appears to be living up to its self given name. I'm not sure just what in the hell those boys are thinking going about all this in this manner. Headscratcher for sure. Godspeed to you, DnJ, and good luck with your bottoms.

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  38. Agreed completely about Sean. He's not entertaining and he seems stuck in the trap that the ticket listener cares about who's right about sports. He's not really a ticket fit, maybe better at the fan where entertainment and humor and fun take a backseat.

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    1. Seabass is basically Bob but more old millennial than genX. And if we are being frank, Bob was a fish out of water when he came to the ticket. Then he got paired with Dan and the rest is history. As 606 says, Sean is a lifer and knows what makes the ticket tick, but he needs his Dan equivalent to make a daypart really click. IMHO

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    2. Yeah, I made a rhyme without even thinking about it. Fight me

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    3. That’s quite a reach comparing Sean to Bob. I don’t see that at all,

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  39. Reposting without the swearing so my comment doesn’t get scrubbed

    Something that’s bothered me the more I think about it. From the D&J say goodbye video. Dan said when they couldn’t come to an agreement with Cumulus that they asked them to resign and D&J did

    Don’t do that! Never ever to that! Make them fire you, release you, have Hank the security guard walk you out. Don’t do the man a favor and quit. Freaking amateur hour. Did they consult an employment attorney? Sure seems like no

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  40. It's crazy that not allowing ex-employees to make a living in their field is considered even remotely reasonable or enforceable while NOT paying them. If the company isn't willing to continue paying then it's obviously not protecting them nearly enough to be justified.

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  41. @1257am

    They were paying them. They decdided they no longer wanted to abide by the terms that came with that compensation. Both parties stated their cases and set out their "non starters," and DnJ went their way/Cumulus decided to pass... however you want to look at it. It's not crazy. It's business. It's how the real world or IRL, if you like. DnJ were earning a salary and benefits that I would imagine would make you a very happy individual... while working far less than 40 hrs per week, having assistants (interns, Blake, Mino, etc), getting literally free lunches from local establishments, going on junkets (=$$$$), having access to primo seats, suites, etc. to local entertainment related events (rock shows, sporting events, et al), having ins with all local media outlets and hired talent and how that impacts their jobs...and I can go on and on.

    In sum, what's crazy is how so many passionat, P1s seem to have no idea how the real world of business works. I'm beginning to think neither Jake nor Dan does either. The way they've gone about this akin to, and I'll conjure up a Gordo character, Dylan The Argumentative Teen. D

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  42. @The Driver
    I can't disagree with you. Honestly, I wish you would've fleshed out your comment a bit more and made an even stronger case, because there's nothing you stated that isn't true.

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  43. Sorry 239 is me, 00110011.

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  44. @The Driver

    Look at it this way. If anyone who works for Cumulus wants to quit for any reason at any time, they can't unless they have at least 6 months savings or want to find a job in another field. There's nothing rational or standard business about that arrangement.

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    1. @2:47 this is absolutely standard in the radio industry. I’m surprised that you’re surprised by it.

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    2. Standard for on air “tier 1” personnel. If you’re a part timer, a full timer in a non on air roll, you’re an at will employee, and can quit and go to work for the competition at any time. It’s just those audience facing, high profile jobs that require it.
      And if you read the court case I linked to last thread and Plainsman also found, you’ll see how it’s structured. Short version, a contract requires 3 basics, an offer, an acceptance and consideration. So “will you (task) for (x amount of money?” Answering yes is acceptance, that’s a valid (verbal) contract. In the contract plainsman referenced, the air talents pay was increased by 5% as an inducement for talent to agree not to compete for 6 months in that market. Offer- 5% raise to not compete, acceptance-talent signed contract, consideration- more money each month, that was a valid contract to not compete. If TDZ contracts are similar- and it’s called legal boilerplate for a reason, lawyers steal from others, they rarely create brand new, and they received extra money to not compete, it will boil down to us a podcast competition. Maybe it is, maybe it isn’t. But 2 things: cumulus now bills themselves as an audio company, not a radio company. I bet we can find where they’re pushing podcasts, expanding into podcast networks etc as part of their biz plan. If Cumulus can take a judge and say “look we are in the audio biz, not the radio biz, and a podcast is audio” and point to proof, TDZ has issues. They’re competing in the audio field.
      #2- maybe TDZ and their lawyer think they have a winning argument. As mentioned above, a good lawyer can easily run you 300-400 an hour. Even if they’re getting a deal, if a lawyer has to send a letter to Cumulus in response to the cease and desist, 2 or 3 grand. It’s why so few cases go to trial, it’s very expensive. Can they afford to get in a protracted legal fight? Or do they expect to get shut down, which is why they still don’t have the 6 month sign up available. They know they’re going to lose, don’t want to have to refund a bunch of money, but they want the cover of “ we didn’t want to go the freak, we wanted to podcast but big bad company forced us to go to work there because we couldn’t do what we wanted”.

      And as to the money, a Buddy of mine did the math, patreon takes like 10 percent. They have to pay taxes out of their gross revenue, they’re responsible for equipment now, etc.. they’re nowhere near to making what they were, and the ticket rolls out a replacement tomorrow. Maybe the new shows drive more subscribers, or maybe it doesn’t. But TDZ can’t afford a legal battle on their patreon earnings.
      C

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  45. It is both standard and rational in many business settings. You do have the option of not signing the contract and not taking the job. Or take Dan and Jake's (and Danny's and Sirois') route where you prepare for those six months. The world and its inhabitants were not created to solely cater to your whims and your definitions of fairness.

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  46. Couple of things- as for the asking them to resign- this was a contractural hold out we’re now seeing. So the scramble to play best ofs, get fill in shows happened because, I would think, they held out once their contract expired. An unexpected hold out at that. But think about labor unions- we hear all the time about a group like pilots being without a contract, but they don’t strike because they’re still negotiating. Work continues under the terms of the old contract. I wonder if the letter of resignation is something required by HR or legal. Is a non compete 6 months from the end of your contract, or 6 months from the day you resigned. I think it would be 6 months from when you resign and here’s why. Your contract could run out, you start negotiating and you drag it out for 5 months and 29or 30 days. Does anyone think you’d be eligible to be on air working without a contract but under the old contract provisions -pay, vacation, etc- for Cumulus and start at Audacy or iheart the next day? I’ve got to think company lawyers, who do a lot of non competes so they know what the issues are, have a provision where you need to be off for 6 months, regardless of your contract status.
    C

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    1. In the history of almost 30 years of the Ticket, IIRC, Dan and Jake are the only hosts to ever hold out while negotiating a new deal. Every other host has continued to do their show while working out a new contract, even after the term of their current deal expired.

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    2. I’ve been told the same thing. Which is part of the reason I’m now convinced they’re headed for the Freak and the whole unable to reach a settlement, legal fight over podcast, etc is part of an elaborate charade to make them out as the good guys fighting the evil corporate overlords. A la “ we didn’t want to go to the freak, they left us no choice”.
      C

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    3. Welcome aboard. I've been saying this from the junp. Whitt's source was one hundo legit. All this had been in the works beginning around ths time last year. They saw the general reaction over the ways in which Rhyner and co went about it and thought they were much more clever than that. Hence it was around mid Sept of last year that DnJ, especially D, began their full court press on the wickedness if ncs in particular and big business and how labor always gets screwed in general. To their credit, they did and continue to do a very good job of inparting their message to their fans. Will they totally pull off this charade? I believe to a greater extent they will. Partly because in 6 mos from now the narrative will be so blurred, the level of interest will have subsided so much, that it'll be a case of folks no longer giving a rat's ass than any house of mirrors built by DnJ. Their former colleagues and supposed besties, entirely different story. My guess is a few, maybe most, have come or are beginning to come to the realization of this long play Andy Kaufmanesque "gag" by DnJ. And then there's Bob, who's probably living in denial. Once it becomes undeniable, he'll be absolutely devastated.

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    4. My guess is that they haven't missed one paycheck. Been on the iHeart payroll (sitting out the non compete) since the moment they resigned. The only thing that explains their trolling behavior. Fits in nicely with the rest of the Freqers.

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    5. Pretty sure the ticket died to Dan the day he got left babysitting Jake while his “equal partner” got moved to afternoons. You could hear the hurt in his voice. The only remedy in his little brother mindset is getting a drive time spot elsewhere.

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    6. Starting to feel that way.

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    7. I dont get this mindset by Dan of being left behind bob, if it’s true. If the ticket was looking to promote from mid day to PM drive time, the obvious choice was Bob. Bob works insanely hard and has a lot more out of P1 popularity. Dan is the guy wearing Andy Reid punt pass kick uniform at media days. If Dan wanted that promotion he played his cards wrong.

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  47. Whitt's Source = Sirios Inc.

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  48. Just a question about non-competes in general. If you quit a job in Dallas and move to say, Cleveland, do you still have to sit out the six months? You wouldn't be competing in the market you left in any way if you were in an out-of-state market.
    Would that keep you from doing voice work for commercials and such?

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    Replies
    1. The non compete is generally for the market you’re in. So you can quit today and work in Cleveland tomorrow.

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  49. I'll never understand why Dan and Jake are doing this. Jake especially. He was making a great salary and had a dream job working with his friends at The Ticket that he strove to get for years. I get him being irritated that he was not making enough compared to the other hosts. I get it. But he was probably clearing 125K I assume. Add on top of that, he had huge perks, like the all-expense paid trips to Cowboys training camp, Stars trips and the like. Additionally, he had the standard corporate benefits like healthcare, 401K, etc. Having all this at 37 is not exactly what I would call a bad situation. Yet he acted so tortured during that sendoff video.

    It is not always about the money, Jake. Work life balance, doing what you love to do for a living, having a stress free job and working with your close friends is also very important. At least, it is to me. All this seems incredibly short-sighted on their parts.

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  50. Let's see if this isn't how it plays out/was planned out: DnJ TF pm drive with Julie as the third. Rhyner moves to 10-12 or 1 a la the Norm deal with Cavanaugh as his Donnie. Danny and Sirois, who knows. TBD by their numbers. If they can earn over a 3, they stay.

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  51. @Gag 'Em
    Pretty sure The Musers and Davey realized they were being played after watching the vid. Probably had their doubts and suspicions up till viewing it. After that, they knew. Bob, Donnie, abd Corby I imagine are rather conflicted and continue ti squint real hard in hopes of seeing it in a more pleaasant light.

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  52. Unless it’s the Fan, not the freak. The problem with the Freak is it’s the 3rd sports station. Ok they claim not to be a sports station but they carry the mavs, and all of their main hosts have a sports radio background. In fact with the exception of Rhyner, and Ben and Skin on Live 105, do any of them have anything other than sports radio experience? And part of their problem (to me) is that this isn’t just 3 sports stations competing for an audience. They’re going up a heritage station, multi Marconi winner coming off a 6 month run as the highest rated station in the market. It’s really hard to kill a station like that, especially with the strength of am and pm drive. And yeah, I read Reddit, I know how much Bob and Corby suck in PM drive. But I look at Reddit, and look at the ratings and get massive cognitive dissonance. Why doesn’t the Hardline’s massive audience understand what a couple dozen Reddit posters do? Or, let me think this through, is it possible that the people who care enough to post on an obscure subreddit aren’t indicative of the whole listening audience?
    C

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  53. Anyone know if WiP was on today? Ifnot, could be a strong indicator. Btw, what sine on the reddit page are doing to McClearin is bordering on evil, even libel. If I were running that site I'd delete all that stuff.

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    Replies
    1. It was Monty and DJ today.

      If you wanted to overthink it you could presume that Mino is in California in preparation for tomorrow's big announcement. Now you're probably asking, why didn't Monty go with him? I'd have to bet that getting Monty to Oxnard, hell anywhere outside of driving distance of Dallas, is a logistical headache that needs more than a couple of days to string together.

      Or maybe Mino's just burning some vacation.

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  54. Even once they make an announcement on Monday, it doesn't mean the new lineups would go into effect immediately. It may still take a week or two before they officially go live.

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  55. Why don't you tell us, Surly? You seem to be (or would like to be) close to the situation, or at least to Jake. It's getting weird, man.

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  56. Surly has never said to be more than a long time, loyal listener. Don’t be a dick.

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    1. You don't lnow Surly/Shaggy/Shaggy1310/SurlyHorns/ShaggyBevo/ad nauseam then.

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  57. Perhaps you might (actually) contribute to the conversation in a meaningful way before criticizing others' style. C's thoughts and analyses are valued.

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  58. I'm excited about tomorrow's announcement. As Rhyner used to say, "let's talk about those that are here instead of those who aren't."

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  59. If Bob and Dan were on the same contract, thru June 2023, why is Dan the underpaid victim? No one cries for poor Bob needing to earn a "living wage."
    The Hangzone aren't innocent victims of the system.
    They're going to an even larger soulless corporation, I guess to stick it to the man...
    Boomer Dan and Edgelord Jake. lol

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  60. @Skateboard Man

    If they have the same base salary and incentive structure (percentage or bonus tiers based on ad revenue) then they could have the same contract but different payouts. No clue if that is either their actual arrangement, or a source of discontent with Dan. But if so, I can see how 1) the mid-day slot by its nature has a ceiling on it, and 2) Dan might feel like he couldn't live up to his income potential if he stayed from 12-3 with no side gig. Pure speculation from me.

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  61. If Dan or any of his fans are thinking he got screwed or left behind bob, I dont follow. Bob wrote for the athletic, did notes for Troy, and is generally very prepared. Dan is good but not as deserving as bob for the promotion. Dan didn’t work for a promotion like bob did and is now bitter?

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  62. McClarin and Donovan 10-1

    Mino and Sean 1-3

    - G

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  63. Monty stans are not going to be pleased.

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  64. Yes, as I just said....


    Surly said...
    Donovan and Matt 10-1

    Mino and Bass 1-3

    yikes

    July 27, 2023 at 11:03 AM

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  65. Off topic, WTH can we not figure out how to do a stream? This app sux, we all know that. But if the listeners matter, and it actually does impact ratings, WHY can we not do s decent stream. On the day your station is making a major announcement, ALL signals are over driven and almost unlistenable.

    Sorry, I'm done

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  66. What is the issue with the app? It works great for me

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  67. Admitted Dan fan here. I don't think he got screwed by Bob, and I think most understand why Bob made the move (we all assume PM drive is more money, and most would agree its a higher profile spot). I don't fault him, and probably would have made the same move if in Bob's position and offered the Hardline.

    I don't sense bitterness from Dan, and certainly hope he doesn't feel that way. That S will eat you alive. I could be missing that though, because he does make a joke out of damn everything.

    I think he felt he was undervalued by Cumulus/Ticket. So he's got a few options to achieve his perceived value:

    1. Convince Cumulus he's worth more money at the same time slot. Presumably this didn't work;
    2. Convince Cumulus he's worth more money at a drive time slot. No vacancies;
    3. Convince Cumulus that he's worth an exception to their restriction on the type of side work that he's qualified to do. Lots of details and nuance to sort through here, but I get why they say no here.

    To me its totally reasonable to look at those three outcomes and come to the conclusion that there is no path at Cumulus to achieve what you think you can achieve. Who knows what he was able to convince non-Cumulus he's worth. But I don't see how someone can fault him for pursuing it? I'm rooting for the guy, and hope he's getting good advice on the podcast/non-compete front.

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  68. Wow.... MM, bad decision coach

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  69. Not a fan of the changes really. I would have preferred WIP over Sean and Mino, though Monty's producing could be good. MM is a haircut as far as I'm concerned, nothing good nothing bad about him. I don't know that it will change my listening pattern of heading off to podcast land after the musers.

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  70. Yeah seems like a cost-cutting move. AM/PM drive is probably all that Cumulus can afford to care about now. I'll give it a try - the Monty lovers will be mad but at the same time, it's a good start for him. Kinda hard to go from not having any full-time role to being a host.

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  71. Not excited about Sean from 1-3. I wonder what Bob and Corby think of that lead in. Very pleased for 3 hours of Donnie, and I like Matt. Will be nice to have a stronger college football presence, as I assume that's most of what Matt's been talking in Birmingham.

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  72. Blake moving to hardline?

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  73. What a disaster. 5 hours of matt mcclarin and Sean bass. Never thought nearly a third of an entire day could ever become this unlistenable

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  74. With Monty being a part of 1-3 I think this will all work out pretty well tbh

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  75. This isn’t great. And it seemed impossible to think they would keep bypassing Sean for host spots, so I’m not surprised.

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  76. You guys remember Blake. I do.

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  77. I understand the changes, but good god what a giant bag of milk toast meh. Really curious to see if they continue to win the demo in those spots. Going against Ben and Skin will be a piece of cake, but can they beat the Fan? Does anyone even know who's on the Fan at that time?

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  78. Man, Blake got shafted. Hope he got Hardline producer. I like Mino and Monty. I never listened 10-12 anyway.

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  79. The broadcast dropping out and overdriven mics today are a perfect backdrop for todays announcement. What a disappointment. Matt McClearin is fine but doesn't make my sports pants go crazy. Sean and Mino? Really? You have a really great weekend show in WiP and you put Sean Bass in as a host and make Monty a producer? I just don't get it. I'm sure the little ticket will still pull ratings but, man. This is a major downgrade to me. I wish them all luck and I'm hoping they prove me wrong.

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  80. All things considered, it's a safe move. The Chicken Littles on Reddit complaining that the sky is falling already had their minds made up no matter who the replacements were. Those listeners were already going to leave with Dan and Jake anyway. The Ticket is hoping on bringing in new listeners (in this DFW market, there are PLENTY still out there). MM does have a local following from his 103.3/JJT work that he'll probably attract to the station now. They might even be able to get some of his Birmingham fans too. 1-3 PM is essentially replacing what Norm and D used to be and now they have fan-favorite Monty aboard.

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  81. Quick reactions:

    Jeff "The Western Hemisphere Catman" Catlin is my leader, and in my judgment he's made more excellent moves:

    Donovan and Matt: Several Confessors have said that McClearin has left his weird ickiness behind him, and I expect we'll hear 3 hours of fairly mature sports/guy talk. I think this will be ifne.

    Bass and Mino, with Montemayor producing: (1) Sean is not nearly as bad as some here are claiming. He's not incredibly hip, but he's knowledgeable, has a good radio voice, and beats anything else you can get at that time of day. (2) Mino is going to warm Bass up. (3) For some reason, Cat doesn't entirely love/trust Montemayor. The producer seat is his shot to be reliable and energetic and fill in any holes that Cat is seeing.

    Blake: I like what I hear of him but he is not nearly host material yet. Not close. I don't know if he still has a role, but he isn't getting screwed. Also: his association with Jake and Smilin' Dan surely isn't doing him any favors. Given the feeling that those two behaved in a, shall we say, misleading fashion in the manner of their departing -- and perhaps for some time previously -- it's possible that, if he continues to have a role at The Ticket at all, he won't be given much responsibility. Cumulus may well think that he's part of the conspiracy -- if there was one, I'm not sure that's a fair characterization -- and will be joining Smilin' Dan and Jake at such time, if ever, as they're back on the air.

    Overall -- Sean may be a weak link, but two hours of non-bog radio is a step up. I like the scene Cat's strung together.

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  82. I don’t know why people think Blake got screwed. He’s not a host, but he is a great producer and will continue to be great with Donnie and Matt. I’ve always thought Matt was fine. He’ll work well with Donnie, Blake and DJ.

    Seabass is gonna have to loosen the fuck up. Hopefully Mino and Monty will do that. That’s the only thing I worry about going forward. I guess Cat is finally gonna give him a permanent hosting shot. Fingers crossed but he needs to prove it….

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  83. Sean and Mino are not bad but they have their strengths and weaknesses. They are too similar in that they're not really stand-out personalities but they're better at facilitating and getting in and out of segments (this is still a needed skill for a host as not everyone can be the yuck monkey). But it's like having two play-by-play guys calling a game with no analyst

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  84. So Akaash Singh is to blame for all of this

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  85. Surly, don't be leading statement guy. What do you mean?

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  86. Listen to the new Dumb Zone episode

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  87. I'd rather not. Why are you being coy?

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    1. I just listened to the new DZ and here’s what I can remember:

      Akaash is a guest on the latest DZ. They touch on the departure a bit. When Jake was moved to host, cumulus kept his pay the same using Covid as an excuse. When his contract came up again they still refused to bump his pay initially.

      Akaash says he thought the comments/jokes throughout the years about low pay were all a joke. But now that he’s gotten to know people from the ticket he knows it to be true. As he’s spoken to D&J throughout their journey he’s been open with them about how much $ he makes podcasting. Jake was blown away upon hearing how much he makes.

      Akaash’s advice made it easier for them to move on.

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  88. Must listen: https://www.theunticket.com/craig-rosengarden-wants-a-do-over/

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  89. Casey Millen seems like a wonderful guy. Could he be any more unlikeable? From the jump until the end, what a douche.

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    Replies
    1. 1:19 you sound like a blast at parties

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  90. 1-3 is going to be so good. 3 guys who "get it". Join the bandwagon now haters! TBD on Donovan and Matt ...that show is the new "Work In Progress"

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  91. Whoa. Casey Millen is back? Perhaps not for long. That McClearin stuff was pretty poisonous.

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  92. Surly: Quick question -- are you subscribing to The Dumb [Z]One?

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  93. Barren SportslandscapeJuly 31, 2023 at 1:28 PM

    Flagrant, the podcast Akkash Singh is on, is bringing in about $80,000 / month with about 17,000 patrons / month. Spent most of the last 3 years in the Patreon Video top 10 listing.

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  94. Do we really need to ask if surly is subscribed to the dumb zone?

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  95. Get ready not to be Anonymous.

    New post up with guidelines.

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