MobiTV, Inc. Registers Victory for Mobile Entertainment Industry in ASCAP Case

WHAT:

U.S. District Judge Denise Cote in the Southern District of New York ruled overwhelmingly in favor of MobiTV, Inc. The court adopted the MobiTV, Inc. model and rate-making logic, without amendments.

WHY:

While MobiTV, Inc. believes in paying a fair price for content, including musical compositions, the inflexible positions taken by ASCAP were so aggressive as to pose a serious threat not only to MobiTV, Inc. but to all industry players (carriers and content providers) involved in delivering mobile media content.

AND:

While ASCAP sought an enormous royalty totaling multiple millions of dollars, MobiTV, Inc.'s position was that royalties should be structured no differently than those paid by content providers in the cable industry, resulting in a net payment of less than two percent of that sought by ASCAP.

QUOTES:

"MobiTV, Inc. is a leader in the delivery of media to mobile devices and sometimes, as a leader, you have to take on causes that are bigger than your company. We operated in the interest of the industry to get resolution on this case. Not only does MobiTV benefit from this favorable ruling, but so do the industry at large, and ultimately, the consumer." - Charlie Nooney, CEO and Chairman, MobiTV, Inc.

"This win not only benefits us by setting a reasonable price for these rights and providing predictability in our cost of delivering content, but once again demonstrates our market leadership as this decision serves as a benchmark for public performance royalties throughout our industry." - Bill Losch, CFO, MobiTV, Inc.

ABOUT:

MobiTV, Inc.'s technology was the first to bring live TV to mobile devices, and the company is driven by a passion for delivering personalized, engaging and relevant mobile media experiences to millions of subscribers. Our deep relationships with wireless operators enable consumers to receive top-tier content from brands like NBC, ESPN, Disney, CBS, Warner Music and many more. MobiTV, Inc. applications, available on hundreds of handsets and compatible with nearly every mobile operating system, are powered by an industry-exclusive technology platform that can be deployed by wireless operators or hosted by MobiTV, Inc.

Founded in 1999, MobiTV, Inc. is a privately-held company with headquarters in Emeryville, Calif. For more information about MobiTV managed end-to-end services and hosted content delivery technology and solutions, please visit: www.mobitv.com/technology. To learn more about MobiTV applications and services, go to: www.mobitv.com/products/apps/tv/. To learn more about MobiTV mobile music products and services, go to: www.mobitv.com/products/apps/radio/

MobiTV and the MobiTV logo are trademarks, service marks, and/or registered trademarks of MobiTV, Inc. in the United States and in other countries. All other trademarks, service marks, and product names used herein are the property of their respective owners.