“You have to feel for the guy”? No I don’t. Shuster is monumentally stupid for making the pilot while under contract for MSNBC. There is a HUGE difference between agents and talent chatting up the competition and going so far as taping a test program.

You flip side doesn’t make sense either….as Shuster’s contract comes to an end — the network has every right to think about and test possible substitutes (hard to come up with someone worse, IMHO). But if MSNBC were to shoot a test with someone currently under contract with CNN or FOX (as if) that person ought to expect to get fired if their disloyalty becomes known.

The Philadelphia Eagles had every right to trade Donovan McNabb. But if their quarterback started visiting other teams while still under contract to the Eagles — and working out with enemy receivers — the Eagles would have had every right to punish him to the full extent that his contract allowed.

Didn’t NBC just hire Kate Snow away from ABC suddenly, while she was still under contract? This stuff happens all the time. Even if it’s not a pilot, there are clearly negotiations that happen — which they usually call “informal.”

Kaplan/MSNBC has had it in for Shuster for a long time, completely undervaluing him. I understand he’s given them some reason at times, but my God. Has anyone heard the stuff that comes out of Matthews’ or Buchanan’s mouth?

Hmmm, not sure I agree with you here, Colbs. There’s a difference between taking a meeting and shooting a pilot. That’s a whole bunch of meetings…plus shooting a pilot. So I’m not sure where the double standard is.

That said, there are higher-profile stories that leak about Talent from Network A in “talks” with Network B. The Katie Couric-CBS wooing is an obvious one. But Couric had all the power there, and NBC wanted to keep her. Power is a big part of this story, of course; if it were Olbermann who had been caught making a sneaky pilot, I’m sure MSNBC wouldn’t have muttered darkly about how he would be suitably “punished.” But despite Shuster’s ubiquity at MSNBC (seriously, is there a show he hasnt’ guest-hosted?), he doesn’t seem to have any real protectors. The one might be Chris Matthews, for whom he took a bullet in Feb ’08 with PimpGate (which was a big deal on its own but was also the last straw for the network which was being hammered on sexism charges – it had been just one month earlier that Matthews had said of Clinton that she was “only a front runner because her husband messed around.” Oh, early 2008!). But I can’t see Matthews stepping in there, or even having the clout to do so.

But even the most powerful protectors – if Shuster had any – know when not to step out in front of that bus. Shuster may be a workhorse over there, but the camel’s back has a lot of straws. Chelsea/PimpGate, the James O’Keefe tweet, the Martin Eisenstadt hoax – there are a few rough patches there, to say the least. The fact that this is cited as the latest in a long string of episodes at MSNBC doesn’t exactly help his case.

Anyhow. You’re absolutely right that meetings and backroom discussions go on in network news all the time – and that there are double standards at news organizations! But the Shuster situation goes way beyond that, IMHO.

As usual, you make some good points here Rach…but in my experience in developing television shows, pitching pilots and running loads of auditions, there doesn’t always have to be a whole bunch of meetings between talent and producers. That’s often the role of agents, managers and writer/producers. And as long has any supposed meetings didn’t interfere with his work on MSNBC, I’m not sure that’s all that germane. By the way, are we certain that he shot a pilot? I was under the impression that it was more of test taping (big difference.)

But the double standard, in my view at least, is that networks can audition talent and create pilots to replace Shuster, yet he can’t do the same. If he does, he loses his job? And its true that are a lot of reasons (that we both list) why Shuster was on a short leash at MSNBC. Which is the exact reason why he should be looking for a job in the first place!

David has many loyal fans, even though we may not always agree with or appreciate, every word he utters. He has always been, to his credit, quick to make corrections or apologies.
Thanks for the actual balance in this article.
It would seem the MSNBC apple doesn’t fall far from the NBC tree as regards the sanctity of contracts.
Join our FaceBook Group PUNISH DAVID SHUSTER WITH HIS OWN SHOW! http://www.facebook.com/group.php?gid=108187419213145&ref=mf

Felix Gillette’s original report in the observer said it was a pilot. Here’s the headline – and I can’t believe no one has caught the typo! “Inside the CNN Stockroom: Network Recently Shot Pilot Staring MSNBC’s Shuster and NPR’s Martin.” According to Felix, it was a pretty complete pilot, with Shuster and NPR’s Michel Martin, with “medical and opinion segments, and included appearances by several current CNN contributors, including Chrystia Freeland, the U.S. managing editor for the Financial Times and Jeffrey Toobin of The New Yorker.” Hard to think how this wouldn’t get out, really.

Having been “talent” on one of your shows, I can attest to the non-stringent vetting process that can take place! Ha. But I do still think that the leap from A to B here is significant. I don’t know what’s in Shuster’s contract – he is probably contractually barred from appearing on rival networks, though a pilot isn’t “appearing” unless it’s aired – but of course networks can audition talent, or switch around with existing people as MSNBC has done. When you get big, you can negotiate a penalty clause against that in your contract (cf. Conan O’Brien – but the network can still screw you anyway! But at least you’ll be paid). Unfair? Perhaps, but that’s what agents and negotiated contracts are for.

So the real question is: Is Mediaite hiring David Shuster? RELEASE THE KRAKEN!

COLBY?

It’s all in the contract that he signed. If he was precluded from doing what he is accused of doing….then case closed. That’s not unfair. It’s business. You have agents and lawyers to insure that you know where you stand in any given circumstance. If they failed him that has nothing to do with MSNBC…..or their reaction.

Mediaite could do worse than hiring David, Rachel. Hey, I miss YOU on MSNBC, btw. And if he is shooting a pilot there, can it please be one of those drunk ones or the ones that overflew Mpls, and not Scully.

Puter Boi – contracts stipulate non-compete’s for doing something on-air…but auditioning or making a pilot is rarely included in a talent contract (unless you are a super heavy hitter like Olbermann or O’Reilly) — at least that has been my experience.

And yeah Rach, I agree with your points, and will add that nearly all pilots aren’t made for air, which I would have to think was the case in this instance.

How would you even make a news-oriented pilot for future airing, unless it was a magazine format in a 24/7 news cycle?

Pilots like these are shot not so much for the news but the personality and the marraige/chemistry between production/writing staff and on-air talent.

COLBY…it would seem to me that if one is going to shoot a pilot for a competitor, it just makes sense to seek legal advice. If you are walking a fine line, which Shuster seemed to be, it would be even more important to make sure all your bases are covered…..unless of course if you just don’t care.

You take a paycheck from one company, while doing work on the side for its competitor. What is so hard to understand about that?

right – i agree with you puter boi (though I suspect that might not be your real name.) I imagine that the shooting of the pilot was negotiated by an agent (most of whom are lawyers) or at least was vetted by an agency’s legal team.

We don’t know that Shuster was suspended because he violated his contract. Most insiders presume that this news was just the last straw in a crumbling relationship.

btw, you don’t need the all caps of my name. unless you are trying to yell, in which case, that’s unpleasant. just a tip, broseph.

Colby….caps are just my way of showing respect…no yelling…if I start yelling, trust me…you will know…

The truth about Shuster will leak out eventually…I suspect we will find that Msnbc was just tired of the relationship and probably intended to end it as soon as possible anyway.

Puter Boi not my real name? You are a regular Columbo, Colby Hall…if that is indeed your real…oh nevermind.

“How would you even make a news-oriented pilot for future airing, unless it was a magazine format in a 24/7 news cycle?” Come on, we’re talking about Shuster here. He just makes it up.

There may be a question of propriety or politeness because the two networks are in direct competition within narrow field, but if you discount the straw that broke the camel’s back angle, a lot of it really comes down to what’s in Shuster’s contract.

For example, if you take the discussion out of the narrow realm of news and expand it to include all of television: an out of work actor may film multiple pilots and if more than one is picked-up, then they’re allowed to choose which show they’d like to follow to fruition; a second banana on a sitcom might film a pilot with them as star for a competing house and the way folks jump around soap operaland, one assumes that “research” and test shots are generally done before a featured player jumps networks.

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