06 Oct Giovanni’s Superfan Sidebar 10/01/2014 – Rich Eisen, Eric Stonestreet and Mike August
A real time blog where Superfan Giovanni does recap and commentary on the show as it happens and opines on all things ACS
Guest – Rich Eisen, Eric Stonestreet and Mike August
Recorded 09-30-2014 – Release Date 10-01-2014
Production Number #1422
Adam opens the show to a great new drop from yesterday, Mike August is in studio for the first time in quite a while, Adam explain that Rich Eisen is coming on the show later.
Adam is now setting up the clip of the failed snap with Rich Eisen kicking him in the ass.
Adam explain that Mike August is in studio to discuss the Patent Troll case now that the 45 day gag order of sorts is over.
Adam is asking Mike August about why he’s still a member of the BAR and going in depth about Mike’s law degree and follow up MBA degree he got in Denver after a long career in entertainment.
Mike August shares his history working with ‘Westwood One’ and how he left William Morris with James Babydoll Dixon, working Jon Stewarts live appearances while on the road to make ends meet.
Mike shares how his insane 1 year program led to the professor to refusing to allow it again for future students.
August is telling them about his hall of famer coach father and his history with Joe Paterno and Lou Holtz, Mike talks about how the profession used to cap out at 27.5k per year unlike today where it’s a 7 figure gig almost across the board.
August tells them about tearing his ACL in his junior year and giving up his sports ambitions, Mike talks about being the new guy and finding the local bully.
Adam brings up the Yokozuna incident with Cousin Sal and Mike August’s watch, Mike brings up the video if the incident and they reminisce on the 3rd season of ‘The Man Show’ opening to that clip.
BB comments on Adam liking the quality in August that he didn’t get mad, Adam says he hates pussies and can’t stand a whiny dude but more importantly the type of guy who freaks out over nothing.
Adam brings up how guys who played organized sports have that quality beat out of them, Mike says he never signed a release for that clip.
Adam says Jimmy Brusca was also in the clip and August admires Sal’s ass arc before landing on his face.
Adam asks August about his time at William Morris, almost the entire 90’s and now August is taking it to the fight to save podcasting.
August is launching right into it and sharing all of the facts in an impartial way, Adam is now saying it was 100k a month and August says that’s what GM pays for litigation, August argues about the lack of parity in the targets picked for this most recent batch of lawsuits.
August is now explaining how they viewed Adam as someone who couldn’t fight and would roll over, August is now praising their crowd sourcing and how they dragged Personal Audio way deeper into the fight than they expected.
August is sharing how they made their name synonymous with the term patent troll and now BB is taking it back to the beginning asking about the actual serving of the lawsuit.
August shares how he was notified by a 3rd party and how they filed against the wrong entity, the former podcast business before they revitalized and restructured.
Gary says they came to the studio to serve them and he knew the guy was there to serve, he told him that business didn’t exist out of the warehouse, and August compliments him.
Adam is now explaining his take the whole time “I didn’t do anything” and August shares his frustration in convincing Adam of the actual threat.
Alison asks Adam to clarify his stance, August was always worried and August explains how patent law puts the burden of proof on them, he says they only sent them their patent when they were sued, no other legal documents or charges.
August now walks us through the history of Personal Audio’s patent acquirement.
August says if this went the wrong way they would have had to shut down the podcast business and network, Adam tells August to stop thumping on the desk, he doesn’t notice as he’s so fired up.
Adam is now talking about business leaving the state and making an analogy to his settlement, hilarious hypothetical list of things not to do that BB misunderstands for comedy’s sake, Adam riffs right back, good stuff.
August explains how they were forced to crowd source and go full board into the legal discovery and treat this as serious as the threat actually was.
Adam is now clearing up a few things, he says the tough part with the gag order is not being able to set the record straight, Adam makes analogies to Michael Jackson settling lawsuits with kid’s families who accused him of crimes.
Adam explains why they were ordered to stop talking as part of the settlement and how it was possibly affecting the jury pools for their other trials.
Adam and August are explaining the best deal they could get was the settlement they ended up with, leaving a loophole where Personal audio can sue them again if they ever make enough money and alert them to come sniffing around again.
August is now sharing the details of the most recent 1.3 million settlement from CBS to Personal Audio.
August says they’re saying they’ll come back when podcasting makes more money and Alison is amazed they can still sue again.
Adam is now asking about the PR release they had done mentioning all of the top podcasts, pledging to never sue them.
“I do that in my personal relationships” – Adam on getting so prickly they ran Personal Audio off
August shares the details of the length of discovery and the number of lawyers working on the case since spring of last year.
Adam is now asking if this is the society we really want to live in and shares his “never become successful” advice to his staff, Gary gets on mic with a “Done and Done’ and now Adam is riffing about rich guys getting shit and sued nonstop, the lack of sympathy for anyone who is successful or wealthy.
BB wants to know what they found in discovery, August is now sharing the juicy details.
August reveals the damagers only applied to the website and could only be hundreds of thousands in damages, Alison comments on how much Mike August enjoys himself as he congratulates himself for the booking of Rich Eisen.
Adam says the slam dunk of this thing is somehow Adam finds another million and takes this into court and wins, but win what?
August says that people see Adam’s 200k loss as a win for him, other legal entities and lawyers, August brings up the EFF petition and the possibility this patent might be overturned.
BB brings up prior art and now August shares how much prior art was going on its overwhelming and he explains how CBS will be appealing this and August says they would have had to shut the business down and they architected the plan they used and followed through on it.
Implying they didn’t plan on taking it to trial, almost a game of chicken.
BB is now asking about the meeting of the podcasters at his house before the trail, Adam brings up how Rich Eisen arrived and doesn’t like to wait beforehand.
Adam mentions his hard out and how he doesn’t want to wrap this up so early but now feels pressured and says it’s his fault for being born and wishes that Rich could be Gilbert Gottfried, Rich is 20min early and now Adam is powering thought the podcaster summit description.
Adam is very honest about what they did and how the converse of this would be much worse, now they know he didn’t give them a dime and podcasting is essentially safe.
Adam jokes about his “Nothing Personal” title for the patent trolls and laments his 200k needed to get back to 0, August is plugging the rest of the ways to contribute to the cause.
Adam pledges they’ll reschedule Mike 2 weeks from now to discuss this in even more depth, he’s got a killer one liner about his schedule, gold!
Adam is now doing a live read for Draft Kings.
There’ now heading to break
They’re back form break with Riche Eisen returning to the show.
THURSDAY, SEPTEMBER 23, 2004 – GUEST: RICH EISEN – Where the Magic Began
Adam plugs the new radio show that Rich is doing, he asks him about the format and he says his podcast is now becoming a 3hr radio broadcast and he invites Adam to come visit the new studio.
Adam is now asking Rich about the surprises for him this year in the NFL, he brings up the indictment for Adrian Peterson beating his son.
Adam is now sharing the story of Adrian and how he came back from so much to now be in this mess.
Eric Stonestreet is now joining the show once again, a phoner.
Eric is now bringing up the most recent game between the Patriots and the Chiefs, Adam is calling Eric the guy furthest from his character on TV and he gives a diplomatic answer.
Adam jokes about Robert Blake being like ‘Beretta’ on and off air and Eric being completely unlike his character, separate even from his orientation/sexuality.
Rich is now waxing poetic on the Chiefs and getting Eric to clarify his take on the postgame coverage of the game and calls Rich a “suit and tie MF’er” and now Rich is joking about his kids respecting him.
Eric is lamenting the media coverage refusing to compliment the KC team and instead focusing on the Patriots not doing their best.
Adam is now predicting Eric’s team could be 2-4 in just a couple of weeks, so he might want to slow his roll and stop worrying about this.
Adam is now talking about the looks of the Patriots starting line, he comments on Tom Brady and Jimmy Garoppolo and notes his wife even stopped to stare and admire the screen last night.
Alison brings up Ryan Gosling’s nose job that nobody else in the room seems to be aware of, Adam compliments Gary’s side by side picture grab you can see on the website via the show page link above.
They wrap up with Eric and Adam is now being realistic about the .500 level of the Chiefs this year and how they aren’t blowing people away as much as he clearly wants them to be.
Alison admires Tom Brady as Adam further waxes poetic on the guys looks and now Rich is giving some super practical advice for how the Chiefs need to restructure and plan to ever win the Super Bowl, Adam explains the era in which they won the game before it was what it is today, before the merging of the conferences.
Adam is now joking about the early bid to film the 1st Super Bowl and now they’re discussing Ed Sabol the founder of NFL films.
Adam is now making a point about a life fulfilled and how a purpose and following your muse can extend your lifespan.
Adam is bringing up a talk from this week’s football Sunday, Adam asks when there will be football every day, Rich explains why they’re will never be a game on a Friday and how they plan to play on a Saturday as per usual.
Adam is now complaining about the other two days in his week aren’t filled with football like the other 4-5 days.
Rich is now giving his take on lopsided games and how some teams are effected, Rich says he likes Seattle and says if they stay healthy he thinks they will get to the game, he thinks they will win the conference and predicts they could beat Dallas at home.
They’re now going in depth on Sean Taylor and the recent episode of ‘A Football Life’ and Adam is now asking about a DB for Seattle with a similar story of random violence.
Rich is now sharing the details of how Sean was murdered while trying to stop an introducer in his home, Adam is now asking for more of the details and Rich is unsure or keeping it vague to encourage people to seek out the show.
Rich tells them about the 10 men on defense played after his death and Adam has a funny reaction to thinking if they played that way for an entire game.
Adam is now bringing up the USC DB and BB brings up some guys that got killed in a car accident, now Adam says he was from UCLA or USC and went to Cleveland, Adam tells Gary if it helps the guy was black, Rich and Adam both wish him good luck and he almost instantly has a name.
Adam is now doing a live read for Smart Mouth
“Really wrank/rank wrists” – Adam
Adam is now telling the story of Donald Lavert Rogers who dies 8 days after Len Bias and now Rich explains they are shuttering the podcast and compliments Adam as one of the best guests he had on the show.
Rich plugs his final episode and gives Adam an invite to the new radio program, Adam is bringing up the “NFL Replay Gimp” and Rich explains the rub is the outfit, he thinks that’s the hurdle to overcome.
Adam is now explaining the idea behind the gimp and Adam is riffing about ‘Lane Gimp’ and other classy gimp costume suppliers.
Adam is now riffing about the way to bring the gimp out and he’s joking about his favorite part of the ruling, where the handler starts flogging the gimp as he returns to his dungeon home beneath the stadium.
Adam jokes about the lesbian trainer who feeds him gimpy treats, Nabisco can become the official sponsor and make a home version.
Adam is joking about gimp’s leg moving like a dog, Rich full on spells it out and Adam takes great offense, telling him to treat it like his own gimp.
Alison is now asking how they hire said gimps and Adam is theorizing, Rich is now using Adam’s goalpost campaign and how people reacted to him initially, mocking him and calling him a heretic, he says here we are and now it’s time for Adam to get this gimp hired.
Rich says they have not had one single incident of having to decide if a kick was good or not, Adam has affected real change in his favorite sport, how cool.
Alison’s News
Q and Ace Interruption edition
1st Caller – Adam, he wants to know how Rich maintains his journalistic integrity while employed by the very league he reports on.
Rich says he’s never had to get approval and always feels free to comment on things, he then cites the self-interest at play and references the movie ‘Network’ and he says he has never been told what to say once in 11 years.
Adam wants to know what Rich thinks about Bill Simmons and his suspension, Rich praises Bill and his genius and what he’s built for himself from very humble beginnings.
Adam says his wife is even better than he is, Rich praises his writing and says he can write his own ticket now.
Adam brings up the conversation he had on Adam and Drew #180 with Dr. Drew about Rob Schneider being fired by All State Insurance and Adam is sharing his dual take on the rights of both parties.
Rich reacts negatively to the news of Rob being anti-vaccine and jokes about needing to wash his hands again, he then jokes about being worried about Rubella
(Sidebar within the Sidebar, I have 0 vaccines and actually got Rubella while on tour with Adam Carolla in NYC in 2011, so Rich is making a factually accurate statement about the risks)
2nd Caller – John, he wants to know the bigger douchebag, the guy riding the motorcycle with it specifically design to make more noise, vs. the guy with raised jeep and no doors.
Adam says the sole reason for that jeep is to feel the wind on your balls.
Dawson gets on mic to confirm that’s true as everyone in the control room seems to emphatically agree, they’ve all drive raised door less jeeps?
Rich spots a call about the Ebola case in Texas, probably now cockblocking Alison’s news story…
3rd Caller – Chris, BB has a decent one liner referencing Rob. Chris wants to get everyone’s take on the news of the Ebola case.
Rich explains he was early today as he was heading to Glendale/Burbank to try and get an iPhone 6 but they were sold out.
Rich shares an anecdote from a guy in the Glendale apple store.
Adam is advocating for thinning out the heard, he jokes about the elderly and how much they cost the country, what would happen if a flu spread that killed everyone over 72 and what a burden we’d be free of.
Rich has some telling ‘wow” reactions to each of Adam’s increasingly nutty ideas about population management.
Adam is amazed that this guy was using the apple store computer to fill up his iPod, Adam says he’s not into these scares that pop up, he says it will come and it will go.
Adam is commenting on Rich and his hard out, it’s now a “soft out” and he reveals he has to pick up his son, Adam gives him permission to do so.
Adam now shares how he knew when Mark McGwire was juicing, when he achieved the home run record and lifted his husky son over his shoulders.
Rich leaves as they start the first story.
1st Story is on Shannon Sharpe’s reaction to Jay Pharoah’s impression of him, Alison mixes up Keenan Thompson and Jay, now BB is asking why Shannon and his brother sound so different yet look so similar, sharing the racist accusations he got on twitter for bring this up.
BB is now talking about Sterling Sharpe after they play the clip from SNL.
Adam doesn’t have any racist things to say as BB said his peace and Alison already implied they all look the same.
They’re now playing a clip of Shannon speaking and comparing it to the SNL bit, Alison notes his increasing bowtie in the sketch.
Adam is now telling them about a special he saw on Frank Caliendo and how he got his start, basically on the NFL pregame show with Jimmy Kimmel who brought him in.
BB is now asking for shirtless picture of Shannon Sharpe to prove why you don’t talk shit to that man’s face, Adam jokes about it with him, you’re lucky if you don’t get hit with their ring hand when they slap you.
Adam is now telling people they need to tell someone to fuck off who’s never been told to fuck off, he has a “suck my dick old man” aimed at Donald Trump example for this analogy, he cites the L.A. Dodgers Celebrity baseball game with Jack Gilardi.
Adam is back to the point of an impression, it’s not meant to be flattering.
2nd Story is on the German ethics council putting forth a rule to decriminalize adult sibling sexual relationships. Alison references Taboo II and Adam has a killer “Literally Baby Steps” one liner that is total Ace Awards material.
Adam and BB are riffing as if they are fighting for the parent and child decriminalization, now Adam is asking about the guy’s wife who is leading this political campaign, how do you not read into it?
Adam is explain he’s all for removing things from the table that are none of the government’s business, he wants society and the rule of nature along with common decency to keep order in effect.
Alison shares her internal debate on whether or not that could have been a Germany or Florida.
3rd Story Is on the L.A. Clippers becoming a “Microsoft team” and Gary reports the NFL just switched exclusively to Surface tablets and he tells them about the 400 million dollar deal.
Gary is full of pertinent info.
Adam says he enjoys tow things, when a guy throws something to the gourd then has to reluctantly retrieve it a few moments later, Adam is now saying the NFL headsets and how you can’t cleanly rip it off, he jokes about the coaches wrestling with them and how much he enjoys it, the headsets are not good for chucking.
Adam is now bringing up the Samsung commercials with the bragging about the larger screen, Alison brings up Adam’s non apple smart phone and Adam shares his feelings of missing out due to the pressures of having a “cool guy phone” and Adam jokes about being at the stage in life where he needs the old man sized shit.
4th Story is on the trends in traffic for the website Pornhub.
Alison is now quizzing the guys on the holidays that have the biggest decline and increase in porn consumption.
Adam is bringing up the advertisement on a porn site that said “tired of masturbating to internet porn” and has a killer deadpan reply, joking they should check back in over 127 years.
Alison shares the results and laments the difficulty of the “Full Belly Jack” and Alison further shares the traffic stats.
Adam is joking about MLK’s birthday being on the list, Alison explains it away as he closes out the halfhearted riff.
Alison wraps the news and Adam is doing a live read for Prosper.com
Adam is giving out the plugs and wrapping up the show.
“If you don’t have something racist to say, don’t say anything at all” – Adam, BB plays that as his closing drop from the news story about Shannon Sharpe and Jay Pharaoh.