ivi TV's Statement Regarding FilmOn's TRO Defeat in Federal Court

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Federal Court Blocks FilmOn.com From Further Streaming TV Signals


Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York issued a TRO (Temporary Restraining Order) against FilmOn Plc., in its ongoing struggle with broadcasters to appear legitimate. (Case Number:1:2010cv07532)

ivi TV's founder and CEO Todd Weaver stated:

"The Court's ruling gives us faith in the judicial system to effectively separate those operating in good faith abiding by every letter of the law, and those like FilmOn who publicly brag about being 'cavalier' towards copyright law. As has been reported in Reuters and other press, FilmOn doesn't fit the copyright definition of a cable system, distributes content outside the U.S. in an unprotected format, and offers its service free of charge, which is a clear violation of all applicable copyright law."

Unlike FilmOn, ivi TV fits the copyright definition of a cable system, restricts its service to the United States, fully encrypts and protects all the content it delivers, and charges a fee to subscribers for its service. ivi TV also pays the compulsory license fee to the U.S. Copyright Office, which in turn distributes payment to broadcasters, just like 16,000 other cable companies, including AT&T's U-Verse. ivi TV operates within the clearly defined and strict provisions of the copyright law.

As defined by law, a "cable system" is a facility, located in any State, Territory, Trust Territory, or Possession that in whole or in part receives signals transmitted or programs broadcast by one or more television broadcast stations licensed by the Federal Communications Commission, and makes secondary transmissions of such signals or programs by wires, cables, microwave, or other communications channels to subscribing members of the public who pay for such service.

Judge Buchwald stated it best when she denied the networks' motion to inappropriately associate ivi with the FilmOn case by ruling, "CASE DECLINED AS NOT RELATED."

ivi TV's Chairman Ron Erickson stated:

"ivi TV and FilmOn are not related. FilmOn gave the networks' content away for free, when Congress mandates that such content must be sold for value. The statutory copyright licensing system does not work unless cable systems have subscribers who pay for the service, because the compulsory licensing fee that cable systems must pay to the U.S. Copyright Office is based on gross subscription revenue. ivi has subscribers who pay; FilmOn did not and it was shut down."

About ivi TV™

ivi TV endeavors to make the world a better place by providing a high-quality viewing experience while offering consumers what they want in the way they want it, with more choices, less hardware, and higher standards than other modes of online content delivery. At the same time, ivi TV increases viewers for channels and advertisers, continuing and adding to the live television tradition in an innovative and sustainable manner. Consumers, broadcasters and advertisers alike will agree that live television, most notably sports and news programming, is here to stay. The solution is ivi TV. And the time is now. ivi, Inc., is based in Seattle, WA. For more information, please visit http://www.ivi.tv


Hal Bringman
+1.310.210.8011 (mobile)
Skype: halbringman
Twitter: @halbringman


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