Destiny Media Provides Update on Litigation Dismissal Process

Motion to Dismiss Patent Infringement Claim Filed

Vancouver, BC, February 12, 2010  -- Destiny Media Technologies is pleased to provide an update on the process to dismiss a patent litigation claim filed last May by Yangaroo Inc. (YOO-TSX, Pink Sheets YOOIF).

Destiny was successful in obtaining a court order on October 13, 2009, which permitted the company to pursue a fast track dismissal motion based on the fact Destiny operates its system out of Canada.  This is the first of five defenses that Destiny can assert if necessary.  

The motion to dismiss was filed this morning.  A response and our reply  will be filed over the next six weeks at which point, the court will be in a position to make a ruling.

Comments Destiny CEO Steve Vestergaard, “If this motion to dismiss is successful, that will end the case except that Destiny plans to seek legal fees and other damages.  We believe Yangaroo filed this claim despite being aware of the fact our servers are located in Canada.  If we are unsuccessful with the current motion to dismiss, the case will continue with more discovery related to all five strong defenses.”

Destiny’s motion is available at


About Destiny Media Technologies 
Destiny Media ( is the developer of the Play MPE® system ( which the recording industry uses to securely distribute new pre-release music through the internet to trusted recipients such as radio, media and VIP's.  Real time usage statistics are available at

Company Contact:
Steve Vestergaard
CEO Destiny Media Technologies, Inc.
604 609 7736 x222

Safe Harbor Statement:
"Safe Harbor" statement under the Private Securities Litigation Reform Act of 1995: This release contains forward looking statements that are subject to risks and uncertainties, including, but not limited to, the impact of competitive products and pricing, product demand and market acceptance, new product development, reliance on key strategic alliances, availability of raw materials, the regulatory environment, fluctuations in operating results and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission.

Keith Loh