MBAYD Mediabay (MM)

CEDAR KNOLLS, N.J., Nov. 10 /PRNewswire-FirstCall/ -- MediaBay, Inc. (NASDAQ:MBAYD), a leading digital media and publishing company specializing in spoken word and premium audio entertainment, today announced that it received a letter from the NASDAQ Listing Qualifications Panel that it is eligible for continued listing on the NASDAQ National Market based on its compliance with bid price rules as of November 8, 2005, and that its the symbol will change back to MBAY on or about November 22, 2005. About MediaBay Inc. MediaBay Inc. (NASDAQ:MBAYDNASDAQ:theNASDAQ:symbolNASDAQ:willNASDAQ:changeNASDAQ:backNASDAQ:toNASDAQ:MBAYNASDAQ:onNASDAQ:or aboutNASDAQ:NovemberNASDAQ:22NASDAQ:2005) is a leading digital media and publishing company specializing in spoken word and premium audio entertainment. The company maintains a library consisting of over 75,000 hours of content, including audio books from best-selling authors and the history of American Radio. Some of MediaBay's digital content partners include BBC, Blackstone, Brilliance Audio, CBS Radio, Harper Collins, Hay House, Oasis, Penguin Group USA Audio, Random House, Simon & Schuster, Sound Room Publishers, Time Warner Audio and Zondervan. In addition to its popular Audio Book Club, MediaBay distributes its content through proprietary web sites including soundsgood.com, audiobookclub.com and radiospirits.com as well as through partner channels including Loudeye, MSN Music, Sirius Satellite Radio and XM Satellite Radio. For more information on MediaBay, please visit http://www.mediabay.com/, http://www.soundsgood.com/, http://www.audiobookclub.com/, and http://www.radiospirits.com/. Certain statements in this press release constitute "forward-looking" statements that involve a number of known and unknown risks, uncertainties and other factors which may cause MediaBay's actual results, performance or achievements to be materially different from any results, performances or achievements express or implied by such forward-looking statements. All statements other than statements of historical facts included in this press release including, without limitation, statements regarding our future financial position, business strategy, budgets, projected costs and plans and objectives of our management for future operations are forward-looking statements. In addition, forward-looking statements generally can be identified by the use of forward-looking terminology such as "may," "will," "expect," "intend," "estimate," "anticipate," "believe," or "continue" or the negative thereof or variations thereon or similar terminology. Important factors that could cause actual results to differ materially from our expectations, include, without limitation, our future stock price, our history of losses; the success of our new digital media distribution strategy and our ability to anticipate and respond to changing customer preferences, license and produce desirable content, protect our databases and other intellectual property from unauthorized access, collect receivables; dependence on third- party providers, suppliers and distribution channels; competition; the costs and success of our marketing strategies; product returns; member attrition and other risks detailed in our Annual Report on Form 10-K for the year ended December 31, 2004. Undue reference should not be placed on these forward- looking statements, which speak only as of the date hereof. We undertake no obligation to update any forward-looking statements. DATASOURCE: MediaBay, Inc. CONTACT: Tim Clemensen, of Rubenstein Investor Relations, +1-212-843-9337, , for MediaBay, Inc. Web site: http://www.mediabay.com/ http://www.soundsgood.com/ http://www.audiobookclub.com/ http://www.radiospirits.com/

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