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Copyright Claimed on Telephone Tones

awful writes: "Two composers in Australia have copyrighted over 100,000,000,000 phone tone dialing sequences. They state in the article that they are lampooning copyright laws that protect big business rather than artists. Their website has more info and explains how they did it. You can check your number and make sure it hasn't been copyrighted by these guys. They have already recieved one offer of money - from a guy who wanted to purchase the copyright to his number so he could stop direct marketing firms from calling him." Somehow I don't think the inventors of DTMF envisioned this. Update: 10/04 14:11 GMT by M : There's a US mirror available.

51 of 495 comments (clear)

  1. prior art? :) by brood · · Score: 5, Funny

    Jenny, Jenny who can I turn to
    You give me something I can hold on to
    I know you'll think I'm like the others before
    Who saw your name and number on the wall
    Jenny I've got your number
    I need to make you mine
    Jenny don't change your number
    8 6 7-5 3 0 9

    1. Re:prior art? :) by Anonymous Coward · · Score: 5, Interesting

      Actually, it was a real problem according to VH1's "One Hit Wonders" show. Not only did the real Jenny get bombarded with calls (yes there was a real Jenny who gave her number to one of the band, and it was 867-5309), but everyone else in every area code as well.

      This absolute waste of bits known as pop culture trivia was brought to you by the letters L, O, S, E and R.

  2. Rotary by NitsujTPU · · Score: 5, Funny

    Well, now I'll have to get a rotary cell phone so I can call home without paying royalties!

    1. Re:Rotary by haystor · · Score: 5, Funny

      I'm afraid the DMCA will bite you on the ass for circumventing.

      --
      t
  3. Turn about is fair play (pun intended) by Soko · · Score: 5, Funny

    Ooo!Ooo! I know what these guys can do for us - sue Hillary Rosen or any RIAA member when they have to call each other in order to make thier little cabal plans. Could you imagine the scowl on her *cough*lovely*cough* face?

    Soko

    --
    "Depression is merely anger without enthusiasm." - Anonymous
  4. GENIUS! by BiggestPOS · · Score: 5, Interesting

    These guys are brilliant. But what about the timing, or spacing between the "notes"? If I dial in a different rhythm is it the same?

    --
    What, me worry?
  5. That covers every phone number in existence by plaisted · · Score: 4, Interesting

    Assume that phone numbers have at most 11 digits (ie 1-910-xxx-xxxx). Each digit has 10 different values. So there are 10^11, or 100,000,000,000 possible 10 digit phone numbers. Does that number look familiar? If the story is correct, they have tried to copyright every single possible 11 digit phone number

    1. Re:That covers every phone number in existence by plaisted · · Score: 3, Funny
      Yeah well it's funny that you can check to see if your number has been copyrighted, when you can be sure it has been.

      Reading the site, it's pretty much clear that it's a hoax/joke. A pretty funny one:


      Q - I do not wish to purchase a Magnus-Opus licence - what is the best way to dis-continue the use and dispose of my telecommunications device?

      A - Magnus-Opus can offer several useful suggestions regarding the disposal of redundant telecommunications technology. We call this our three R's strategy.

      Return
      Return your telecommunications device to your service provider and/or supplier together with a legal demand for a full refund of the product and services. The service provider and/or supplier may well have failed to inform you, as the customer, of the full copyright implications of the use of such products and services and may, therefore, be legally liable to pay compensation for the loss of amenity. Make sure to send a photocopy of your original receipt and/or contract as evidence of proof of purchase.

      Recycle
      ...

      Reuse
      ...
    2. Re:That covers every phone number in existence by nmg196 · · Score: 3, Funny

      It doesn't cover the 'international' form of the number, so people can dial me from abroad royalty free!

      eg: 00 44 1234 123456 (which is 14 digits)

      These people are evil.

      Nick..

  6. A good use for copyright by beretboy · · Score: 5, Funny

    I forsee the following dialouge:

    Me: hello?

    Tele-solicitor: Hello would you like to buy-

    Me: You have just infringed on national copyright hangup now or I will seize all your assets!

    Tele-solicitor: *click*

    Ah finally a good use for copyright :-)

  7. Nice idea, but won't work by Gorobei · · Score: 5, Informative
    Copyright is concerned with COPYING work. It does not apply if someone else independently (usually defined as "was not exposed to your work") recreates the thing in question.


    So, even if they have a phone number in their melody database, you don't infringe if you dial that number, because you created the melody independently.

    1. Re:Nice idea, but won't work by Soko · · Score: 3, Funny
      Quote:
      So, even if they have a phone number in their melody database, you don't infringe if you dial that number, because you created the melody independently.

      I think you're right.

      Crap! There goes my evil little plan to copyright any sequence of four numbers, where each number is between zero and 255, when separated by periods. ;-)

      Soko
      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:Nice idea, but won't work by Gorobei · · Score: 3, Interesting

      However, I believe that once you are made aware of the copyright you must desist or else you are in violation.


      Independent invention is not a violation (unlike patent law.) I could spend months writing the perfect Apple II sprite blitter. You, being equally intelligent and hard-working, independently create the same 60 line routine. We can now both copyright the exact same thing! We both created it, and we can both prevent third parties from copying our work. When Programmer C creates the exactly same routine and uses it in a game, we can both try to sue him. Do we win? If he bought a copy of my game, and he is a known disassembler, then I have a good chance of winning. If you published your routine in a magazine he subscribes to, you will probably win. Otherwise, he gets to copyright the routine as well!

    3. Re:Nice idea, but won't work by aka-ed · · Score: 3, Insightful

      He's right. For instance, in movie copyright cases, the hard part is not proving points of similarity; it's proving that the studio or creators of a film's screenplay were exposed to the earlier work.

      Besides, if you were to sing the entire works of the Beatles to a friend over the phone, that's not a public performance so no licensing is required. When you dial a touch-tone number, you may be "performing" the work, but your audience is zero...again, not a public performance.

      --
      I survived the Dick Cheney Presidency 7 to 9 AM 7-21-07
    4. Re:Nice idea, but won't work by Spiral+Man · · Score: 3, Informative
      actually, you are wrong. this is why covers of songs violate copyright law (if you cover them without permision). if i record myself playing a previously writen song, and sell the recording, i am violating copyright law. copyright law was created before recordings were easy to copy, so saying that you are only violating the law if you are distributing copies of the actuall recording is foolish.

      recordings of songs arent copyrighted, its the sequence of notes that is being copyrighted. just like they copyrighted a sequence of notes (phone numbers)

      --
      "we demand rigidly defined areas of doubt and uncertainty!" --Douglas Adams, The Hitchhikers Guide to the Galaxy
  8. 312-2333 by dghcasp · · Score: 3, Funny
    The canonical phone song: "Mary had a li-tle lamb." Is that prior art or public domain?

    Good thing I'm not six years old anymore and no longer so easilly amused; I'd hate to have to retain a lawyer just to determine if I could do that; especially on a six-year-old's allowance.

    1. Re:312-2333 by e7 · · Score: 3, Funny

      Nope. The harmonies are totally different from how "Mary ..." is traditionally performed.

      (I've listened to the above DTMF sequence several times now, and the lady on the other end obviously doesn't understand how the slashdot effect could carry over into her legacy communications system.)

      --
      Corollary to Moore's Law: The IQ of new computer owners is declining.
  9. well...its a step in the (right, wrong) direction by laymil · · Score: 3, Interesting

    ok, little note for some prior posters:
    copyright and patent are two completely different things, with two different purposes. prior art doesn't apply to copyright. ok...now that i've gotten that out of the way...
    i'm not sure if i agree with what these gentlemen have done. i don't believe that such things deserve to be 'owned' by anyone. no matter the reasoning behind their actions, and even if they are attempting to protect people from corporations and 'BIG BROTHER' i find myself disagreeing with their methods. also, i fear the day that they are threatened and bought out by a [insert entity here]that doesn't have their moral fabric. in such a case, beware.

  10. Thats it, time to take action by Seemlar · · Score: 5, Funny

    So, who wants to help me encode all these 100,000,000,000 possible ringtones and put them on Morpheus?

  11. what about... by Polo · · Score: 4, Interesting

    what about sampling?

    could I sample portions of seven notes of a "melody"?

  12. Copyright does not squash other independant works by rcw-home · · Score: 5, Interesting
    If a million monkeys type out the source code to MS Office, Microsoft can't sue. Likewise, if you happen to create a series of dual-tone meta frequency notes using a touch-tone phone using non-copyrighted material (a phone book, your memory, etc), then that's an independant creation. Now if a telemarketer overheard you dialing, and recorded it (made a copy), then you might have something.

    IANAL (and I know the whole point was to be funny anyway).

  13. Not what copyright was for. by Diashi · · Score: 4, Interesting

    I kind of doubt this is what the idea of copy righting was for. Copyrights along with patents were originally made to promote scientific research. Protecting one's intellectual property is the whole idea behind copy righting.

    Some schmuck who starts to copy right tone sequences is totally not getting the point. He's not promoting scientific research, or protecting his intellectual property. He's just trying to make a quick $, through a loophole in the laws.

    Its as if suddendly the sequence of phone digits has been invented by this guy and he has to have the copy right to your tone. This whole thing is as rediculous as the guy who claimed to own all the land outside of the solar system, and thinks he's somehow going to get away with that. If your armies/people are using/conquered something, its theirs, and no one elses.

    --
    - Nuts and Gum, together at last.
    1. Re:Not what copyright was for. by smack_attack · · Score: 5, Funny

      STEP 1: Place hand 3 inches above head and 3 inches in front of head.
      STEP 2: Briskly move hand from previous position to 3 inches above head and 6 inches behind head.

    2. Re:Not what copyright was for. by stubear · · Score: 4, Informative

      Actually US copyright law was intended for more than scientific research:

      "US Constitution, Article I, Section 8

      To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      Our forefathers felt so strongly about protecting scientific research and useful arts that they granted this right before the right to free speech. That took an amendment to institute.

      I agree, however, this is not what copyright was intended for and I doubt this would hold up in court. Obtaining a copyright is easy. Protecting it is more difficult.

    3. Re:Not what copyright was for. by dstone · · Score: 3, Funny

      If you were smart, you'd copyright those instructions. ;-)

  14. Oh so close! by donutello · · Score: 3, Interesting

    You started in the right direction by pointing out that copyright and patent law were not the same.

    However, you failed to complete your analysis. Of course, having a copyright on those tones doesn't prevent any normal usage of DTMF. Why that is, I'll leave as an exercise to the reader.

    --
    Mmmm.. Donuts
  15. DMCA Violations by AnalogDiehard · · Score: 3, Funny

    Well this means that every online yellow/white pages directory is now in violation of the DMCA.

    And while we're at it, we'll have to dispose of our phonebooks since they are now vulnerable to lawsuits of patent infringement.

    I wouldn't be surprised if someone were to patent IP addresses.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  16. Re:And pulse too... by AntiNorm · · Score: 5, Funny

    I just copyrighted all the possible combinations of pulse dialing tones too... ahhahahahhah... you all owe me 0.05 cents per use... I'm rich!! I'm rich!!! ahaahhahahha

    Just copyright all pulses, period. That way, for example, if someone causes a 500 Hz tone to be emitted, you'd be owed .05c * (500 Hz) = 25 cents per second. Not too bad if you ask me.

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  17. music, not number by hagbard5235 · · Score: 5, Interesting

    Ah... but they have not in fact copyrighted the
    numbers. They have copyrighted the musical
    representation of these numbers as DTMF tones.

    Additionally, like hell numbers aren't copyrightable.
    What do you think an mp3 file is? It's a very
    large number. In fact EVERYTHING digital is a
    number. So if you can't copyright a number, how
    then is software, source code, digital music,
    digital video copyrightable?

  18. Re:Copyright does not squash other independant wor by charon_on_acheron · · Score: 5, Informative

    Actually, phone books are copyrighted. You can't legally copy lists of names and phone numbers from the phone book to make your own phone book for sale. Same for maps, which I always thought was the stupidest thing. A basic outline of the US is copyrighted. It is just a shape. A really bumpy shape. But if it is in a child's coloring book, it is copyrighted.

  19. Re:Copyright does not squash other independant wor by jmv · · Score: 4, Funny

    If a million monkeys type out the source code to MS Office.

    Isn't that how it was written in the first place anyway?

  20. Don't Check Your Number in their Database by Omerna · · Score: 4, Funny

    If a million monkeys type out the source code to MS Office, Microsoft can't sue. Likewise, if you happen to create a series of dual-tone meta frequency notes using a touch-tone phone using non-copyrighted material (a phone book, your memory, etc), then that's an independant creation. Now if a telemarketer overheard you dialing, and recorded it (made a copy), then you might have something.

    According to this, I think, if I check to see if my number or somebody I know's number is in there, and it is, and then I use it I'll have gotten help from copyrighted material to dial that number. I'm infringing their copyright every time I dial a number after I see it there. Q.E.D that website is a trap to make you infringe their copyright! Don't be fooled!

    --


    No sig for you.
    1. Re:Don't Check Your Number in their Database by unitron · · Score: 5, Interesting

      If they keep a record of every time someone tests a valid number, they could sell that list to telemarketers at a pretty good price, as the list contains verified numbers of computer-owning housholds. With a con game like that, who needs copyrights?

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  21. 321-2333, not 312-2333 by dirtyhippie · · Score: 5, Informative

    That's 321-2333, not 312-2333. Unfortunately, if you want to play the whole melody on the phone, there is no way to accurately represent the 5th (the 12th and 13th notes in the melody), but hitting 8 comes close since you hear (the 852Hz component of the 8 is heard as a fifth below the second, which is at 1336Hz - see the DTMF tutorial for where I got this info). Of course, its pointless for someone to waste their valuable time sitting there and trying to figure this stuff out like I just spent the last 20 minutes.

    3 2 1 2 3 3 3
    Mary had a little lamb
    2 2 2
    Little lamb
    3 8 8
    Little lamb
    3 2 1 2 3 3 3
    Mary had a little lamb
    3 2 2 3 2 1 1
    Whose fleece was white as snow, and

    3 2 1 2 3 3 3
    Everywhere that Mary went
    2 2 2
    Mary went
    3 8 8
    Mary went
    3 2 1 2 3 3 3
    Everywhere that Mary went
    3 2 2 3 2 1 8 1
    Her lamb was sure to go-o-o

    DH
    "Fsck you dirty hippie!"

  22. How to get around this: (legally) by Omerna · · Score: 4, Insightful

    Music doesn't only consist of tones. It also consists of durations of notes. Mozart wouldn't be mozart if you changed whole notes to eigth notes, quarters to halves, and so on. So, unless they've also patented every single note duration/ pitch variation possibility (not likely) there are at LEAST 100,000,000,000 ^ 7 melodies. Not including dotted notes, that's ^ 14. I think.

    --


    No sig for you.
    1. Re:How to get around this: (legally) by Omerna · · Score: 3, Insightful

      Forgot to say how to get around this. Simply vary the length of the tones when you dial. Easy.

      --


      No sig for you.
  23. Re:That covers every phone number [informative] by Cardhore · · Score: 3, Interesting

    They'd only have to copyright twenty tones, not 1 million or whatever, since each tone has two tones making it up, and each digit is based on those combinations. Although there are also the pound, star, and a-d tones as well (although the a-d are really only used on PBX's) but those are irrelevant.

  24. How close are they? by Anonymous Coward · · Score: 5, Funny

    People don't seem to have noticed that finicky little disclaimer under the score of their telephone number:
    "Notation is an approximation only of the real pitch."
    (See: http://www.magnus-opus.com/number_check.html)

    The Equitempered Scale (or Equal Tempered Scale, depending on who you talk to) has pretty much been the standard for musical notes for the last 200 years, although the standard for A4 was only ratified as 440Hz in 1939.

    The frequencies used for DTMF tones don't exactly match notes on the Equitempered Scale. I have tabulated the differences here:

    Matching against the Equitempered scale:
    (Based on http://hyperphysics.phy-astr.gsu.edu/hbase/music/e t.html#c2)
    DTMF_tone Closest_Note %-error
    697Hz F5, 698.46Hz +0.2095%
    770Hz G5, 783.99Hz +1.8169%
    852Hz G5#, 830.61Hz -2.5106%
    941Hz A5#, 932.33Hz -0.9214%
    1209Hz D6, 1174.6Hz -2.8453%
    1336Hz E6, 1318.5Hz -1.3099%
    1477Hz F6#, 1480.0Hz +0.2031%
    1633Hz G6#, 1661.2Hz +1.7269%

    As you can see, there are some considerable differences from a "purist" point of view.

    This begs the question: Have the Magnus-Opus musicians actually copyrighted DTMF tone sequences, or just an approximation of them?

    Another question worth asking: Even if the copyright holds-up, is it the end-users who are liable for infringement, or the Telco's who are on-selling the numbers as their own property?

    --------
    Eletus99

    1. Re:How close are they? by gorilla · · Score: 3, Interesting

      The only real use of ABCD is in military phone systems, such as AUTOVON and it's successors, where they are used to prioritize calls, and if necessary drop the lowest priority calls in times of network stress. The instructions for AUTOVON are Online.

  25. Microsoft Patents 1's, 0's by drodver · · Score: 4, Funny

    Whenever one of these crazy copyright/patent stories comes up I am reminded of the story Microsoft Patents Ones, Zeros.

  26. Re:Copyright does not squash other independant wor by unitron · · Score: 4, Funny
    "Isn't that how it was written in the first place anyway?"

    If it had been done at random by monkeys there would be fewer bugs. Now aplogise for insulting the monkeys.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  27. Re:Copyright does not squash other independant wor by wirefarm · · Score: 5, Funny

    Map makers used to put in little false details here and there to make sure their maps weren't being copied. A street here or there that didn't exist in real life.
    I always thought that was fiendishly clever.
    I wonder if they still do it - I've always suspected that Montana doesn't really exist...
    Cheers,
    Jim in Tokyo

    --
    -- My Weblog.
  28. Re:Jobs, Woz, and the Black Box by SoftwareJanitor · · Score: 3, Insightful

    Score 2 interesting? And it isn't even right!?! The box Steve Jobs and Steve Wozniak sold was a "Blue Box", and they didn't invent it, they just designed one particular implementation of it. Others such as John Draper (Capn Crunch) knew about it before them.

  29. Re:Copyright does not squash other independant wor by lazytiger · · Score: 5, Informative

    I can attest for sure, as a cartographer, that ALL map companies do in fact still produce inaccuracies, and quite intentionally. If you actually went to the trouble of comparing street maps to an orthorectified image (a.k.a., terraserver.com) of the same area, you would see that the map practically looks made up. Map companies, if they went to the trouble of checking, could easily tell if one of their maps had been copied. By the way, if you're looking for accurate maps to copy, USGS topo maps are far more accurate than any other maps available. They are made from the aforementioned orthophotos. And they are all in the public domain. They're not always up to date, however.

  30. Worst Slashdot Lawyers Ever! by Jerf · · Score: 5, Funny

    I award this article the Worst Slashdot Lawyers Ever award. Not a single legally valid opinion is ranked above 3. Several utterly uninformed opinions are ranked at 4 or 5. Half the replies miss the point. Absolutely amazingly horrible. A record high noise/signal ratio. Wow.

    Please for Gnu's sake don't whip off a letter to your Congresscritter based on this article; most posters have already looked stupid enough.

    (Oh, in case you're wondering, the subject of this article is a funny-chortle, but no more. It has all the legal force of a Taliban edict in this country.)

  31. Numbers cannot be copyrighted by zavyman · · Score: 3, Insightful

    Numbers themselves cannot be copyrighted. Try sending in a copyright application for a number and watch it get rejected.

    *However* suppose that a song is written and copyrighted. All well and good. Now it is coverted into an MP3. The MP3 is a directly derived work, and is still copyrighted similarly. If a number is a derived from that MP3 or WAV file, it is still directly derived from the original piece, and thus copyrighted just the same.

    Copyrights are always about works themselves (of protected classes, of course) and their derivations. If some text/song/art/whatever is put into another form directly representing the original, the copyright works just the same.

    Note: I am not a lawyer nor copyright expert. But this sure seems logical to me. Correct me if I'm wrong, however.

  32. Where else but slashdot... by wirefarm · · Score: 3, Funny

    Where else but slashdot does a person get to make a post like mine and have someone step through the crowd and say "I'm a cartographer..."
    Sometimes I really like slashdot.
    Thanks -
    Jim in Tokyo (IANAC)

    --
    -- My Weblog.
  33. How phone tones work by image · · Score: 5, Interesting

    I wasn't sure what chords the phone tones actually were, so I went to over to howstuffworks and took a look. On page 2 of this article on telephones, it has a great section on the tones.

    In particular, I learned that "the dial tone sound is simply a combination of 350 hertz tone and a 440 hertz tone," and "if the number is busy, you hear a busy signal that is made up of a 480 hertz and a 620 hertz tone, with a cycle of 1/2 second on and 1/2 second off" and there is a great chart showing the tone for each button on the keypad. For example, the tone for "1" is a combination of a 1209 Hz tone and a 697 Hz tone.

    A little more research turned up this cool frequency to note converter and where I discovered that 1209 Hz is equivalent to D6 plus 50 cents, and 697 is F5 minus 4 cents. So basically the keypad one is an out of tune inversion of the D minor chord. (music majors feel free to Score: -1, Moronic)

    Of course, if you were into phreaking then you'd already know all that.

  34. You can not copyright a phone book by werdna · · Score: 3, Informative

    This is well-settled. No copyright is possible.

    The Supreme Court held in Feist that the white pages do not meet the burden of originality, and therefore cannot be protected by Copyright.

  35. Re:Copyright does not squash other independant wor by MaxGrant · · Score: 3, Interesting

    The office where you can get those from is in Denver, CO. Just get yourself in the neighborhood of 6th Avenue and Kipling. You absolutely cannot miss it. I went down one day just for the fun of it and picked up a complete set of (very nice) maps of Mars for $9. The joy of publicly-funded research results actually being available to the public!

  36. P. Diddy. by viper21 · · Score: 3, Funny

    You just wait until P. Diddy starts sampling these tunes.

    I bet He buys J-Lo's new number.