Players Network Inc. (fka PNTV)

[Toxic Avenger]

Did you notice that the definition you've posted is from the US law section "TITLE 42—THE PUBLIC HEALTH AND WELFARE, CHAPTER 149—NATIONAL ENERGY POLICY AND PROGRAMS, SUBCHAPTER XII—ELECTRICITY, Part D—Repeal of Public Utility Holding Company Act of 1935"?

I don't think the SEC uses that definition.

How about using the SEC's information specifically dealing with restricted equity:
http://www.sec.gov/investor/pubs/rule144.htm
"Restricted securities are securities acquired in unregistered, private sales from the issuer or from an affiliate of the issuer. Investors typically receive restricted securities through private placement offerings, Regulation D offerings, employee stock benefit plans, as compensation for professional services, or in exchange for providing "seed money" or start-up capital to the company. Rule 144(a)(3) identifies what sales produce restricted securities.

Control securities are those held by an affiliate of the issuing company. An affiliate is a person, such as a director or large shareholder, in a relationship of control with the issuer. Control means the power to direct the management and policies of the company in question, whether through the ownership of voting securities, by contract, or otherwise. If you buy securities from a controlling person or "affiliate," you take restricted securities, even if they were not restricted in the affiliate's hands.

If you acquire restricted securities, you almost always will receive a certificate stamped with a "restricted" legend. The legend indicates that the securities may not be resold in the marketplace unless they are registered with the SEC or are exempt from the registration requirements. The certificates of control securities are usually not stamped with a legend."

Then ask yourself:
- Did Mr. Tice buy his shares on the open market, or did he acquire them "in unregistered, private sales from the issuer or from an affiliate of the issuer."?
- Does Mr. Tice's 10%+ ownership give him "the power to direct the management and policies of the company in question, whether through the ownership of voting securities, by contract, or otherwise."?

Lastly, there's the 13D form itself. It notes (my highligting), "The Reporting Person intends to review his investments in the Issuer on a continuing basis. Depending on various factors, including, without limitation, the Issuer’s financial position and strategic direction, actions taken by the board, price levels of Common Shares, other investment opportunities available to the Reporting Person, market conditions and general economic and industry conditions, the Reporting Person may take such actions with respect to his investments in the Issuer as he deems appropriate, including, without limitation, purchasing additional Common Shares or other financial instruments related to the Issuer or selling some or all of their beneficial or economic holdings, engaging in hedging or similar transactions with respect to the securities relating to the Issuer and/or otherwise changing their intention with respect to any and all matters referred to in Item 4 of Schedule 13D."

Hopefully this puts the matter to rest.