-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, KoEj9AI+ao/Mi1WW6kTAY3PmlMdvr6ve7w+5T3biB4nnlBEWz7ITBpt9/OpUhdkx NRFujk/Hxnm4OPzYf8JTig== 0001193125-07-196555.txt : 20070906 0001193125-07-196555.hdr.sgml : 20070906 20070906165420 ACCESSION NUMBER: 0001193125-07-196555 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070906 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20070906 DATE AS OF CHANGE: 20070906 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DIVX INC CENTRAL INDEX KEY: 0001342960 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMPUTER PROGRAMMING SERVICES [7371] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33029 FILM NUMBER: 071103189 BUSINESS ADDRESS: STREET 1: 4780 EASTGATE MALL CITY: SAN DIEGO STATE: CA ZIP: 92121 BUSINESS PHONE: 858-882-0633 MAIL ADDRESS: STREET 1: 4780 EASTGATE MALL CITY: SAN DIEGO STATE: CA ZIP: 92121 8-K 1 d8k.htm FORM 8-K Form 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


Form 8-K

Current Report Pursuant to Section 13 or 15(d) of

The Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): September 6, 2007

 


DivX, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware   001-33029   33-0921758

(State or other jurisdiction of

incorporation)

  (Commission File Number)  

(I.R.S. Employer

Identification No.)

 

4780 Eastgate Mall

San Diego, California

  92121
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (858) 882-0600

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 



Item 8.01 Other Events.

On September 6, 2007, DivX, Inc. announced that it had filed a declaratory relief action in Federal District Court against Universal Music Group (“UMG”). The Company seeks the court’s affirmation that it is in full compliance with the requirements of the Digital Millennium Copyright Act and that UMG’s claims of copyright infringement are without merit. A copy of the related press release is included herewith as Exhibit 99.1.

 

Item 9.01 Financial Statements and Exhibits.

 

(d) Exhibits.

 

99.1    Press release of DivX, Inc. dated September 6, 2007.


SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

    DIVX, INC.
Dated: September 6, 2007     By:   /s/ David J. Richter
      Name:   David J. Richter
      Title:   Executive Vice President, Corporate Development and Legal


INDEX TO EXHIBITS

 

Number   

Description

99.1    Press release of DivX, Inc. dated September 6, 2007
EX-99.1 2 dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

DivX Requests Federal Court Affirmation of DMCA Protection for Stage6

Refuses to Cede to Unreasonable Threats and Demands from Universal Music Group


San Diego, California, September 6, 2007 – DivX, Inc. announced today that it has filed a lawsuit in Federal District Court to protect its Stage6 online video hosting service from unreasonable threats and demands made by Universal Music Group (“UMG”). DivX seeks the court’s affirmation that UMG’s claims of copyright infringement are without merit and that DivX is in full compliance with the requirements of the Digital Millennium Copyright Act (“DMCA”). The DMCA was enacted in 1998 to update U.S. copyright law for the digital age and offers, among other things, a safe harbor from such claims for services such as Stage6.

“We are taking this legal step to protect Stage6 from groundless claims and unreasonable threats brought by UMG. UMG’s pattern of attacking innovative online service providers is discouraging and will ultimately hinder innovation and the development of new technologies,” said David Richter, Executive Vice President, Corporate Development and Legal.

About DivX, Inc.

DivX creates products and services designed to improve the experience of media. Our first product offering was a video compression-decompression software library, or codec, which has been actively sought out and downloaded over 240 million times since January 2003, including over 80 million times during the last twelve months. We have since built on the success of our codec with other consumer software, including the DivX Player application, which is distributed from our website, www.divx.com. We also license our technologies to consumer hardware device manufacturers and certify their products to ensure the interoperable support of DivX-encoded content. In addition to technology licensing to consumer hardware device manufacturers, we currently generate revenue from software licensing, advertising and content distribution.

Stage6 offers filmmakers and others the power to leverage the Internet to distribute their works and find the right audience for their content. Stage6 fulfills user demand for a high quality video sharing platform by allowing users to upload, download, view, share and experience user-generated video content.

 

Investor Contacts:

Todd Friedman or Stacie Bosinoff

The Blueshirt Group

(415) 217-7722

todd@blueshirtgroup.com

stacie@blueshirtgroup.com

 

Media Contact:

Tom Huntington

DivX, Inc.

(858) 882-0672

thuntington@divxcorp.com

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