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MediaBay Inc., Cedar Knolls, NJ, has filed a copyright infringement and unfair competition complaint against Napster Inc.
The complaint was filed in the United States District Court for the Northern District of California in San Francisco.
The seller of spoken audio and nostalgia products through direct response claimed that Napster's file-sharing system enables MediaBay's old-time radio programs to be traded without permission, Michael Herrick, president and CEO, said in a statement.
MediaBay has requested that Napster filter out and block MediaBay's programs from being traded, he said.
"We note the injunction that the court previously has issued against Napster in a similar lawsuit and believe it is a key step towards leveling the playing field for legitimate downloadable audio companies of any nature, whether it be music or spoken audio," Herrick said.
A preliminary injunction was brought against Napster in March 2001 following a December 1999 lawsuit filed by five of the world's largest record labels that claimed that Napster encouraged music piracy that could lead to billions in lost music sales for the industry.
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