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Napster, Inc. Media Oversight

 

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Napster, Inc. Executive Oversight

 

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Napster, Inc. Featured Analysis

 

Napster faces proxy fight with 3 investors

by Mahyar Hashemi, Published: August 30th, 2008 2:31 AM CDT

The shareholders, seeking board seats, want the digital music service to turn around its stock slump or pursue a sale.

Napster Inc. has struggled to catch the ear of enough customers. Now the company is out of tune with some of its big shareholders.

With its stock trading at $1.34 and subscribers leaving its digital music service, the Los Angeles company is facing a proxy battle with three investors who together own about 1.5% of the company. They each want a seat on the board and are pushing Napster's management to turn around its stock slump or pursue a sale.

The company, which bought its name from the defunct file-sharing network, said Friday that it was continuing to look for suitors through UBS Investment Bank. But its executives are fighting back, dismissing the three shareholders as a musician, an ice cream franchisee and a middle-management banker who are unqualified to run a digital music business.

The dissident group has put forth "no substantive plan for how its nominees will enhance value for our stockholders if elected," Napster said in a letter to shareholders Friday.

The three shareholders are attacking in advance of the Sept. 18 annual meeting.

In its current incarnation, Napster has been a high-profile example of the challenges faced in finding a winning business model in the uncertain world of digital music, which Apple Inc. dominates with its iTunes store.

Napster has begun several initiatives, including a download store to complement its subscription service. The efforts have done little to lift the stock, which is down 31% this year, but executives say they are poised for a comeback.

"The…

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