Napster founder scales new peaks

That fingerprinting tool could be integrated into the file-swapping software itself in several different ways, sources said. When a file is being downloaded, the software could check its "fingerprint" and then compare it against a database Snocap operates, for example.

Once an identification is made, the download could be blocked, unless the computer user pays a fee, as if they were downloading a song from iTunes or another digital song store. Alternately, some mechanism could be established under which the file-swapping network operator would pay for the downloads that are tracked by Snocap's system and would later be reimbursed by subscription fees or advertising revenue.

Fanning has been explaining his ideas to record label executives, who are interested but not entirely sold, sources said. His background with Napster may be helping him win meetings with the labels, rather than hurting him, they suggested.

"Shawn is a smart, articulate guy. That goes a long way," said one source familiar with Fanning's discussions with record labels. "He walks in a world that they desperately want access to."

Peer-to-peer companies, however, may also be a difficult sell. Executives from several major file-swapping companies said Fanning has yet to contact them; some said other companies with similar ideas based on audio fingerprinting were looking for support.

"We had a very similar idea run past us," said LimeWire chief technology officer Greg Bildson. "We basically ended up not following up on it. It is interesting, but we're not interested in building filtering and any centralisation into our client."