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Cell Phone Ringtones Give Music Industry Another Headache

Alien54 writes "Xingtone's desktop software allows you to create mobile phone ringtones using digital audio files on your computer. As seen here, The software evokes the same ``oh wow, oh no'' reaction from the labels that greeted the original Napster. The fear is that people will make 30 second long ringtones out of popular songs, thus compounding the file-sharing problem while robbing the music industry of a new source of revenue. Many users find the technology quite cool. IANAL, but current copyright guidelines seem to permit fair use of "Up to 10% of a body of sound recording, but no more than 30 seconds". All of which should make for an interesting legal debate. I can hear the gnashing of teeth already."

380 comments

  1. oh.. they have had it now... by Kjuib · · Score: 0, Funny

    30 secs of Wayne Newton as a ringtone... what will the music industry do?!

    --
    - Your stupidity got you into this mess, why can't it get you out? -Will Rogers
  2. Re:Composing ring tones by Anonymous Coward · · Score: 0

    As long as it's complaint with fair use, I say though shit.

    The recording companies weren't creative enough to figure this out, therefore *big raspberry*

  3. So by Anonymous Coward · · Score: 3, Insightful

    Very few pop songs last 300 seconds. The monopoly on long ring tones is maintained.

    1. Re:So by theancient2 · · Score: 2, Insightful

      Who needs a ring tone that long, anyway? It only takes 1 second to announce the fact that your phone is ringing; the other 29 seconds serve no useful purpose.

    2. Re:So by dackroyd · · Score: 3, Insightful

      So take it from the album version.

      Seriously though, Copyright laws are just broken with respect to format shifting.

      Consumers do not want to and are going to refuse to pay for multiple versions of the same copyrighted material.

      Producers of copyrighted material (mostly) want to maximise the cash they can get for it, and are in fact obligated to do so if they work for a company that has shareholders.

      At some point something is going to have to give.

      --
      "Free software as in beer, copy protection as in racket" - Telsa Gwynne
    3. Re:So by Hogwash+McFly · · Score: 5, Funny

      Well, for a lot of people, it only takes 1 second to announce the fact that your phone is ringing and the other 29 seconds to show everybody that you have a mobile phone, that you have the latest pop ringtone and that someone is calling you...

      --
      Mother, do you think they'll like this sig?
    4. Re:So by Simonetta · · Score: 3, Interesting

      Here's an idea:

      Record a phone call from the one person that you DON'T want to talk to. Use the stupidest, most lame part of the call as the ring tone on your phone.

      Then as soon as it 'rings', immediately turn the stupid thing OFF.

      On behalf of all the people around you (in the library, in class, in the theatre):

      THANK YOU VERY MUCH!

    5. Re:So by linzeal · · Score: 4, Insightful

      People should have to pay for long ringtones. Jesus H Christ, they are annoying as fuck.

    6. Re:So by xanadu-xtroot.com · · Score: 1, Insightful

      So take it from the album version.

      Consumers do not want to and are going to refuse to pay for multiple versions of the same copyrighted material.

      So you're suggesting that I can fit a 12" record in my phone? Oh! You mean take the record and record it into a format that my phone can understand while at the same time *NOT* violate multiple versions of the same copyrighted material?

      Oh.. I see... You had no idea what you were typing...

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    7. Re:So by MasterSLATE · · Score: 1

      The reason people don't pick up right away is cause the "cool part" isn't until like 20 seconds into the song. Fucktards.

      --

      [sig]www.masterslate.org[/sig]
    8. Re:So by ResidntGeek · · Score: 1

      Because in the junkyard that I call my house, it takes at least that long to find my ringing phone.

      --
      ResidntGeek
    9. Re:So by TheRaven64 · · Score: 4, Funny

      For me it takes 1 second to announce the fact that I have a call, and then 29 seconds to remember I own a mobile, and then remember where I put it.

      --
      I am TheRaven on Soylent News
    10. Re:So by D'Sphitz · · Score: 1

      I am 100% with the RIAA on this. Customized ringtones should be illegal period. (although they do help you pick the morons out of a crowd)

    11. Re:So by Baby+Duck · · Score: 1

      Pay in blood, yes.

      --

      "Love heals scars love left." -- Henry Rollins

    12. Re:So by TyrranzzX · · Score: 1

      Did we need any more proof the RIAA is there to control people by making profits?

    13. Re:So by Frogbert · · Score: 1

      Jesus H Christ have you Americans never heard of silent mode and pockets? You activate it, you get an incomming call, your phone vibarates.

      I'm not trolling here but seriously I don't know a single person at my university that has it making noise unless they are expecting a call they don't want to miss.

    14. Re:So by Anonymous Coward · · Score: 0

      "Looks like I'll have to buy the White Label again..."
      -Agent Kay

    15. Re:So by Hognoxious · · Score: 0
      the other 29 seconds serve no useful purpose.
      If you define getting on everbody's nerves as not being useful, I totally agree.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    16. Re:So by Anonymous Coward · · Score: 0

      Fair use allows format-shifting of anything the user purchases, as long as it is for PERSONAL USE only.

  4. nothing to worry about by mister_jpeg · · Score: 5, Funny

    I predict the phenonmenon of making ringtones out of the latest teen pop will fade quickly as more and more annoying idiots are beaten to death with their own phones. It's happened in isolated incidents before but now we'll have critical mass.

    --
    -jpeg
    1. Re:nothing to worry about by LostCluster · · Score: 4, Funny

      Cellphones are tech devices and must be considered cool. Pop music is automatically uncool. When the two are blended... slashdot doesn't know what to mod it.

    2. Re:nothing to worry about by jafiwam · · Score: 4, Funny

      Hint;

      - remove your socks
      - insert one sock in the other sock
      - insert the ringing phone
      - swing the socks (with phone in the toes) to bludgeon the offender

      Works great, even if the phone breaks the mass in the socks still does damage.

      Works with soda cans, coins, ice, or any other innocent until used as bludgeon objects.

      Enjoy!

    3. Re:nothing to worry about by julesh · · Score: 2, Interesting

      (I know, I know, don't feed the trolls, but when they're rated +5 funny, I can't help it).

      Cellphones are tech devices and must be considered cool. Pop music is automatically uncool. When the two are blended... slashdot doesn't know what to mod it.

      Cellphones automatically cool? What planet are you living on?
      "Pop music" automatically uncool? Depends on who you are, I guess, but for most of us -- no.

      The problem is... whoever came up with the idea of using music for a phone's ringtone needs to be shot. Music is designed as something that you want to listen to. People who right it are using millenia of accumulated techniques to try to ensure that when you start listening to it, you don't want to stop. And then some idiot answers the phone...

    4. Re:nothing to worry about by djward · · Score: 3, Funny

      Airport security should arrest anyone with socks on, as they might be used to bludgeon those passengers who SPRING for their cell phones the INSTANT the stewardess says they can.

      Oh, wait...

    5. Re:nothing to worry about by ari_j · · Score: 3, Funny

      I wonder if the music industry would grant amnesty for all file sharing in the past and future for anyone who beats a musical ring tone user beyond the ability to use a phone. I'd start this afternoon.

    6. Re:nothing to worry about by colmore · · Score: 2, Funny

      That's why you have to use cool "underground" music to announce the fact that your phone is ringing.

      So yeah, you'll know who to kick the shit out of when you suddenly start hearing Mission of Burma's "That's When I Reach for my Revolver" in the middle of a movie.

      But as I'm being killed by irritated people, I'll know in my heart of hearts that I am cooler than them, since I listen to obscure music.

      (That was all sarcasm by the way, people who ride big egos because they're "cooler" than other people need to just die. Those assholes make me uncomfortable with my own tastes, I don't want people thinking I'm one of them.)

      --
      In Capitalist America, bank robs you!
    7. Re:nothing to worry about by badasscat · · Score: 1

      I predict the phenonmenon of making ringtones out of the latest teen pop will fade quickly as more and more annoying idiots are beaten to death with their own phones. It's happened in isolated incidents before but now we'll have critical mass.

      It's been going on in Japan for about the past decade (the pop ringtones, not the death beatings). It's not a fad there, and as we seem to latch on to their tech and ideas for using it about five years after they do, I have a feeling it's not going to be a fad here either.

      In fact I've always wondered how the copyright issue works there in respect to this. I don't know of any music group that's raised a stink about it there, despite the fact that there are probably thousands (literally) of paid, officially sanctioned iMode sites where you can download whatever ringtones you want. Maybe their music industry is just a lot more relaxed than ours?

      (The "paid" part of it is money going to NTT DoCoMo, just their standard fee for being part of the service; there's no extra tacked on for these sites that goes to the music industry.)

    8. Re:nothing to worry about by ShadowRage · · Score: 1

      +5 gay?
      +5 destruction of perfectly good technology?

    9. Re:nothing to worry about by Powercntrl · · Score: 1

      Pop music is automatically uncool.

      Boy, this oxygen stuff I breath sure is popular... So to be cool, I have to stop breathing. Thanks!

      *thump*

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    10. Re:nothing to worry about by modge · · Score: 1

      pop music is an oxymorron ne way. you show me the music in busted, and i'll show you the flat of my hand.

      --
      I am a sig
    11. Re:nothing to worry about by Kent+Recal · · Score: 1

      Maybe someone reading both slashdot.jp and here picks this up.

    12. Re:nothing to worry about by Anonymous Coward · · Score: 0

      i tried doing this, but the phonee ran away, leaving me standing there with no socks or shoes on, getting very odd looks and having no chance to catch them... better to use the victim's socks (requires an acomplice) or to carry a spare pair ready to pop the phone in and go.

    13. Re:nothing to worry about by bovinewasteproduct · · Score: 1

      Ok, how about this?

      My Treo 600 is cool. It only allows for MIDI ringtones (unless you break out the extra for lightwave, which I've got no use for).

      What is uncool is finding a decent MIDI editor so I can create my own. Just want something a little unstandard and not pay through the nose.

      BWP

    14. Re:nothing to worry about by Anonymous Coward · · Score: 0

      Moby's cover is better :P

  5. Excellent by Anonymous Coward · · Score: 1, Funny

    I can't wait to put my latest composition "A Passage of Wind" on my phone!

    1. Re:Excellent by Max+Delta · · Score: 1

      Personally I prefer the "Tranquility of Eternal Silence".

    2. Re:Excellent by Drooling+Iguana · · Score: 1

      I think John Cage would sue you for copyright infringement over that one.

      --
      ... I'm addicted to placebos
  6. Great. by saintlupus · · Score: 5, Funny

    Yeah, because "Classical Music Butchered Beyond Hope" isn't obnoxious enough. I work at a college. I can't wait for every shitty pop song to be blaring out of some asshat's saggy A&F jeans during class when his roommate's older brother calls to say he got the beer.

    Fucking christ. You know the only people that use this are going to be people infatuated with dreadful pop music. It's the same phenomenon as loud car stereos -- I don't think I've ever pulled up to someone with a thumping car at a traffic light and thought, "Oh, good, I really like this song."

    --saint

    1. Re:Great. by Tablizer · · Score: 2, Interesting

      I don't think I've ever pulled up to someone with a thumping car at a traffic light and thought, "Oh, good, I really like this song."

      That is perhaps because you can only just hear the bass from the outside for the most part. If it was a good song, you couldn't tell from the bass alone. Lorrence Welk and Barry Manilo played the same way would not be recognizable either.

      Phone ringtones have the opposite problem: no bass. Maybe if a car thumper and a phone played the same tune at the same time, you would get the full effect, and be Dancin' in the Streets.

      "Yo, dis here Welk isa crankin' mastah!"

    2. Re:Great. by Borg453b · · Score: 1

      Hehe.. but what are the chances of that happening?

      I supposed considering that both potential agents ( Carthumber and ringing-tone-jockey ) are likely candidates for top-x pop listening, which narrows down their choices of play, it wouldn't be that unlikely at all..

      Then there's the issue of syncronization.. but lets face it; pop tends to be simple so we're not looking at two complex patterns that are hard to match..

      Chances are you'll have people refering to a "wicked mix" they heard at some road-junction, the other day.. but they just can't seem to find it again.

      I have way too much time on my hands.

      --

      - Mad, ingenous - they've both left you puzzled -
    3. Re:Great. by Anonymous Coward · · Score: 2, Funny

      What are you talking about?

      dee dee dee dee dee dee dee dee dee dee dee dee dee dee dee

      That is a perfectly clear rendition of Beethoven's 9th. "Butchered beyond hope" indeed. You, sir, simply have no appreciation for the finer things.

    4. Re:Great. by timmi · · Score: 2

      personally I'd say it's because most of the people who listen to the same kind of music as you actually expect to be old and grey someday, and want to still be able to hear their favorite music by then.

    5. Re:Great. by deft · · Score: 2, Funny

      "I can't wait for every shitty pop song to be blaring out of some asshat's saggy A&F jeans during class when his roommate's older brother calls to say he got the beer."

      I know you've been wondering, so I'll confirm it to you. Those are the guys having sex in college.

      --

      There's nothing Intelligent about Intelligent Design.
    6. Re:Great. by jpetts · · Score: 4, Informative

      That is perhaps because you can only just hear the bass from the outside for the most part.

      Unless, of course, the asshat in question has the windows down (45th St in Ballard, yesterday, ~2pm), or is driving a ragtop (6th Avenue, Seattle, yesterday, ~5pm). Then you get to hear all the frequencies. Don't forget that a lot of these idiots WANT you to hear how cool their musical taste is...

      --
      Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    7. Re:Great. by Anonymous Coward · · Score: 0

      My phone plays "Message in a bottle" when I get a text message and "Who can it be now" when someone calls me. Because I'm clever.

    8. Re:Great. by Anonymous Coward · · Score: 0

      They are also the guys who spend 2 years at college.

    9. Re:Great. by Anonymous Coward · · Score: 1, Funny

      Masturbating while looking at your reflection in the mirror doesn't count as "having sex", you know...

    10. Re:Great. by Anonymous Coward · · Score: 0

      of course, otherwise they'd be wearing headphones...

    11. Re:Great. by jrockway · · Score: 3, Funny

      No, those are the guys whose genitals are falling off because they have no fewer than five STDs. And they're failing Math 070.

      --
      My other car is first.
    12. Re:Great. by wk633 · · Score: 3, Funny

      If only we could get the RIAA to go after the idiots in the shaking cars- public performance.

    13. Re:Great. by Anonymous Coward · · Score: 0

      I'm driving a 'ragtop'. There is so much noise (open or closed) that, in order to hear music you need to turn it way up. When I'm listening I don't really want others to hear it. Whatever the others may think, I'm playing the music for ME, not for THEM.

      But I've switched to isolating in-ear phones last year. Better for ME, better for THEM. Before you complain about not hearing the other cars, rest assured that in an open/ragtop car one does hear the other cars.

    14. Re:Great. by autocracy · · Score: 1
      I have, on multiple occasion, driven down the street with windows down, stereo turned up, and just about every non-top 40 genre of music turned up. My favorites: Classical, Jazz, Chillout...

      Somebody has to balance things out, right?

      --
      SIG: HUP
    15. Re:Great. by Anonymous Coward · · Score: 0

      ... with each other?

    16. Re:Great. by Anonymous Coward · · Score: 0

      If it's any consolation, they're too hungover to remember anything the next day.

    17. Re:Great. by Rosonowski · · Score: 1

      Heh, reminds me of my summer last year, we would drive around blasting Buddy Holly at the top of the system's capability, not so much to annoy people as to see the reactions to something so out of ordinary.

      --
      01101001 01100001 01101101 01101110 01101111 01110100 01100001 01101100 01100001 01110111 01111001 01100101 01110010
    18. Re:Great. by Anonymous Coward · · Score: 0

      the loudest car setup I have ever heard was this piece of crap old buick or something all different colors and rusted and stuff, and it was some mexican dude playing mariachi music. I had to laugh.

    19. Re:Great. by Anonymous Coward · · Score: 0

      Buddy Holly rocks!

    20. Re:Great. by Anonymous Coward · · Score: 0

      Yeah, you just keep telling yourself that...

    21. Re:Great. by strike2867 · · Score: 1

      When I drive my convertible, I turn on talk radio as loud as it will go. Enjoy...

      --

      Vote for new mod!!! Score:-2,Imbecile
    22. Re:Great. by Hognoxious · · Score: 0
      I'm driving a 'ragtop'.
      What, like right now?
      There is so much noise (open or closed) that, in order to hear music you need to turn it way up.
      Except when you pull up at a red light, and wonder why everyone is staring at you. ISTR you can get a gizmo for some cars that links the throttle or speedo to the volume control so it adjusts to the wind noise level.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  7. fair use by jonny4001 · · Score: 1, Informative

    Fair use applies mainly to scholarly enterprises-ringtones on your cell phone do not exactly count as "scholarly."

    1. Re:fair use by BiggerIsBetter · · Score: 4, Insightful

      Since when? Fair use applies to all people.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:fair use by julesh · · Score: 1

      Fair use applies to all people.

      Yes, but the purpose behind the use is considered. For example, if the use is for the purposes of academic research, or criticism, then a copyright work can be used in ways that would otherwise not be allowed.

    3. Re:fair use by BiggerIsBetter · · Score: 1

      Those usages are specifically written into the fair use laws. You can of course copy parts of an article for illustrating a point in class. OTOH, if you want to copy a whole article, you should probably ask the author.

      I don't think there's anything that stops folks ripping a snippet from their CD or a radio broadcast and using it as thier ring tone. Somebody selling 10% / 15 second snippets (maybe looped) probably doesn't have the law on their side - eg, it's not being used fairly, but capitalizing on others work - but Joe Public does, especially if they alread have the track on other media. Eg, buy on iTunes and beam to your cell phone == ok in my book.

      I think it comes down to "does this usage damage the market for the music?" And I think the answer is no. People aren't going to buy a CD just to get the track to use as ringtones, and having the ring tones won't stop you buying the CD to get the whole song... so, no harm no foul.

      "Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration." So if the RIAA decides to get silly about this, you get the choice of being first to fight them and prove them wrong, or settling for a sum smaller than the cost of going to court.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    4. Re:fair use by jrockway · · Score: 3, Interesting

      Yeah... how is moving a song from your computer to your iPod any different from moving a song to your phone?

      --
      My other car is first.
    5. Re:fair use by Trejkaz · · Score: 1

      How is an iPod "scholarly"? And furthermore, why is this all a big deal now, despite MP3 ringtones having been around for ages?

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
    6. Re:fair use by Fian · · Score: 1

      When your phone rings everyone around you can hear it, therefore you are playing/broadcasting a copyrighted work in public which requires payment of a royalty to the artist.

    7. Re:fair use by cyril3 · · Score: 1
      I don't think so otherwise everyone who plays a radio is in violation. In reality only those who play a radio in a work or commercial setting are subject to performance royalties.

      So individuals who have the track or part of it on their phone would not be subject to that payment.

    8. Re:fair use by Fian · · Score: 1

      hmmm - they may well be in violation, depending on locals laws. A quick search failed to reveal the exact situation in Australia, however I did find the following:

      http://www.findlaw.com/12international/countries /n z/articles/668.html

      the legal distinction seems to be between playing in public and playing in private.

      the fact that no one is pursued to pay royalties for playing a radio in public doesn't mean they can't be. I guess, in practice, that it would be very difficult to police.

      Not really meaning to be argumentative, just bored at work :)

  8. Headache? by MP3Chuck · · Score: 4, Insightful

    The only headache I forsee is having to listen to everyone's favourite song every time a phone rings.

    But how is taking a snippet of a song and putting it on my phone any worse than taking an entire song and putting it on my computer? Obviously the record companies want people to pay for ringtone-specific clips, but I see nothing wrong with this software.

    1. Re:Headache? by LostCluster · · Score: 3, Interesting

      The record industry just did a lot of work to set up information toll booths, just to discover that there's a very easy and legal way to work around them.

      It's just plain stupidity that they didn't see a program like this coming.

    2. Re:Headache? by the_2nd_coming · · Score: 1

      well that just won't do, we will have to get a few senators and representatives together and add to the copyright law "except for use in ringtones"

      --



      I am the Alpha and the Omega-3
    3. Re:Headache? by cgenman · · Score: 1

      The record industry just did a lot of work to set up information toll booths, just to discover that there's a very easy and legal way to work around them.

      That's the thing... they didn't even do that much work. They just figured it would all go away, then figured they were entitled to payment despite not having done any work. The RIAA was dragged kicking and screaming into the world of Ringtones, just like it was the world of digital music. Cry not a tear for them, for people turned to illegal content because no legal content was available.

  9. Dude, seriously... by Anonymous Coward · · Score: 4, Insightful

    *MUST* the RIAA get paid for *EVERY* time someone does anything *REMOTELY* connected to the shit music their labels pump out? I mean, DAMN. Can't they just let it go!?

    *sigh*

    - GNU/Anonymous Coward

    1. Re:Dude, seriously... by LostCluster · · Score: 4, Funny

      You can't fault the RIAA for trying to soak the maximum value out of everything they do, that's just plain the nature of greed and we all have it to some degree.

      Still, we just have to be organized enough to realize when they're asking us to repay for a song when we can just do the format shifts on our own.

    2. Re:Dude, seriously... by Anonymous Coward · · Score: 0

      > - GNU/Anonymous Coward

      Does that mean that you're GPLed?

      Cool. Please give me a list of all women you've "linked with" since obviously they're GPLed too and must be shared too.;-)

    3. Re:Dude, seriously... by gcaseye6677 · · Score: 2, Insightful

      The RIAA's position on this issue is like auto makers trying to outlaw do it yourself oil changes since they take revenue from the dealership service departments. Although you can do many automotive service tasks yourself, repair and service shops have no problem finding people willing to pay to have them done. Likewise, if ring tones are sold, people will still buy them for the convenience factor rather than creating their own.

    4. Re:Dude, seriously... by Anonymous Coward · · Score: 0

      Your mother, your sisters, your aunties, your cousins ... Have I missed any?

    5. Re:Dude, seriously... by AgntOrnge · · Score: 5, Insightful

      I think them trying to soak the max out of everything isin't so much greed as they have no idea how to make money anymore so they insist on leeching every idea that they don't come up with right now. I still believe that if they provided the delivery means that the consumer wants and a product that they actually want, we wouldn't have to deal with this crap every 6 months.

    6. Re:Dude, seriously... by unavailable · · Score: 1

      Yes, pretty soon we'll have to pay $0.02 for every call received on our pop music powered mobile phone.
      I mean, people with no social life shouldn't have to pay, since they hardly make use of their ringtones.

    7. Re:Dude, seriously... by Anonymous Coward · · Score: 0

      Unfortunatly, due to the GPL's restrictions, he must share all the men he has "linked" with too.

    8. Re:Dude, seriously... by srussell · · Score: 1
      You can't fault the RIAA for trying to soak the maximum value out of everything they do, that's just plain the nature of greed and we all have it to some degree.

      Hey, that's my idea. Gimme 5 cents.

    9. Re:Dude, seriously... by Dizzle · · Score: 1

      That's a somewhat faulty analogy. The sticky thing about making analogies about music is that when you make a copy of a song, the original remains as well as the copy. A better analogy would be a book. If I buy it, I'm only allowed to read it in one room. Supposing I want to read it in another room, I have to pay once more. Still not a perfect analogy, but better I think.

      --
      -Dizzle
      "I most likely AM so interested in myself."
    10. Re:Dude, seriously... by AmigaAvenger · · Score: 0, Flamebait
      who mods this informative?? that analogy isn't even close. automakers restricting your own oil changes would be an analogy to the RIAA trying to prevent indy musicians, which is has done nothing of the sort.

      good thing analogies are no longer on the SAT for this guy!

    11. Re:Dude, seriously... by e-gold · · Score: 1

      I hope you're right, but so far the popularity of cool things like Magnatune hasn't grown as fast as I thought it would. The deal they offer (to artists AND consumers) is great, but they don't have the RIAA's hype-machine so even though they also happily-lack the lawsuit factory (their slogan is "we are not evil" -- only in the music business!) of the RIAA quintopoly.
      JMR

      --
      Try e-gold - (contact me). I'm NOT e-
    12. Re:Dude, seriously... by Anonymous Coward · · Score: 0

      Heh heh. I'll let you have ALL the women AND men I've ever linked with for free! That would be... 0.

      Hey, this is Slashdot. What did you expect?

      - GNU/Anonymous Coward

    13. Re:Dude, seriously... by NoMoreNicksLeft · · Score: 2, Insightful

      that analogy isn't even close. automakers restricting your own oil changes would be an analogy to the RIAA trying to prevent indy musicians, which is has done nothing of the sort.

      No, that analogy would be like GM trying to prevent me from making my own hotrod. If I take one of their products and modify and/or service it, that would be like me taking the RIAA's product (e.g. a shitty pop song) and modifying and/or servicing it (converting it to ringtone format, and putting it on my cell phone).

      Copyright prevents me from taking their product, making copies of it, and selling those. Doesn't say I can't sell the book that they printed, or that I can't cut the pages out, and paste them on the side of my van. Nor does it say that I can't take a CD I bought legally, and make a ringtone of it. Even their assclown lawyers would have a hell of a time convincing a judge that it amounts to a "public performance".

      They have a case against college kids sharing ringtones on napster. But none when it comes to someone creating a ringtone from a CD they own. Anyone that thinks otherwise, needs their breathing privileges revoked.

    14. Re:Dude, seriously... by gcaseye6677 · · Score: 1

      Actually, they have done just that. Try to get your music sold in stores, played on the radio, or even book a concert hall as an independent. It can only be done in a few places, since Clear Channel and a couple of other companies own most of the radio stations, concert venues, and increasingly the music stores. Is the RIAA preventing indy music from existing? Maybe not completely, but they're doing a damn good job making it hard for them. Try getting an indy radio station on the air and see how much resistance you face from the FCC (which is heavily lobbied by music industry reps). Got a few million $ to spare to cut through the red tape which was deliberately put in place to prevent new entries? Looks like you probably failed the logic portion of the SATs yourself.

    15. Re:Dude, seriously... by Anonymous Coward · · Score: 2, Insightful

      A point needs to be made LostCluster.
      Value != money

      There are other things besides money which are value, even things which are useful for business to produce(for both them and society). Sometimes these other things of value are obtained by not squeezing for as much cash as possible.

      How much value is the good opinion of customers/the mass market worth? Google certainly
      understands (or understood, I don't like that they're going to be providing graphic ads now)
      the value of what being a good citizen in the marketplace is worth.

      And who hates Fair Trade or Equal Exchange Coffee for their business practices?

      The profit-motive and actually expressing principles are not necessarily mutually exclusive.

    16. Re:Dude, seriously... by ameoba · · Score: 1

      Doesn't putting the song on your ringtone & turning the volume up to 10 (as everyone who has obnoxious ringtones invariably does) meet the defination of a public performance? You're lucky they're trying to let you get by with a one-time fee rather than sending you a monthly bill as you'd recieve if you had a jukebox, radio station or played music in a restraunt...

      --
      my sig's at the bottom of the page.
    17. Re:Dude, seriously... by NoMoreNicksLeft · · Score: 1

      Only a one person audience. As evidenced by:

      A)Only one person owns the cell phone, and recieves utility from the ringtone.

      B)No one likes hearing other people's dumb ringtones.

      C)The song isn't played in it's entirety.

      D)The song is of a degraded quality.

      E)No one pre-arranges 100 folding chairs when they expect a phone call.

      F)No one charges admission to the ringtone.

      G)The preferred method of listening to a musical piece, are... CD, concerts, radio, computer/MP3s, cassete, vinyl, 8 track, humming, etc. Notice that ringtones aren't in this list. (I suspect the results would be the same, even with a more statistically accurate "top 10 preferred methods of listening to music")

      I don't think that considering myself "lucky" because they are only gouging a little now... to do so would doom me to them gouging alot later.

    18. Re:Dude, seriously... by Anonymous Coward · · Score: 0

      Please stop signing your fucking initials after your posts. It's stupid. We can tell who you are by looking up a few lines and your posts hardly merit authorship anyway. So knock it off. Fucktard.

  10. Music industry sues oxygen users by Anonymous Coward · · Score: 4, Funny

    "That oxygen is ours. We paid for it. It's used to create the high quality music you find at your local vendor. If we find anyone using or sharing that oxygen we'll have no choice but to seek reparations in court. We don't like to be heavy handed, we're just protecting our clients."

    I'm waiting for them to hit this stage...then maybe they'll finally run out of things to bitch about..

    1. Re:Music industry sues oxygen users by Anonymous Coward · · Score: 0

      Don't forget that sound waves propogate through the air, which contains oxygen. And now we can expect to see the stars being forced to sing without taking breaths because the RIAA doesn't want the gaseous atmosphere to decrease while they sing. Expect more and more pop stars passing out while singing, but hey, when they are singing expect to hear some nice new high keys that the human voice may never have been designed to produce.
      -- AnonCow

    2. Re:Music industry sues oxygen users by Xenographic · · Score: 2, Interesting

      You kid, but we might get intellectual property reform a lot faster if they cracked down on every currently unauthorized use of their "property."

      By that, I mean suing people who sing "Happy Birthday" at parties in their home, or charging people who hum too much of a song for giving an 'unlicensed performance in contravention of their exclusive rights' and crap like that.

      Or, say, getting a drug patent and *only* allowing it to be used in places that do not recognize them. Or the same with patents and software; patenting your software, putting it up for free, and allowing *only* those in countries which do not recognize software patents to use it.

      We all know that IP is supposed to encourage innovation. We also know that it is being used to stifle it; it would just be nice to be able to illustrate that more clearly with stunts like these, so as to help people who haven't thought about this much to understand these problems...

    3. Re:Music industry sues oxygen users by Anonymous Coward · · Score: 1, Insightful
      LOL, where's my mod points when I need 'em? Your idea sounds satirical in a Douglas Adams sort of way.

      I envision a goon squad scene for the likes of Minority Report bursting in on some kids in a typical suburban bedroom right about the time little Jimmy mashes the play button on his vintage cassette boombox left behind for him from his grand-dad.

      Jimmy was just about to show his buddy what gramps used to listen to, there's, I dunno, an old home-made tape of Black Flag or something of the like in there and that's when the RIAA Licensing Abuse Team drops in. They shoot the unsuspecting pre-teens with some tranq-darts and drag them off to some warehouse full of "criminals" in an induced pseudo comma state, never to be heard from again.

  11. Overpriced by Synesthesiatic · · Score: 5, Insightful
    Cell ringtones were way overpriced anyways. You're basically paying a buck for some bleeps and bloops someone hammered on a midi-keyboard in ten minutes.

    Some people already own the music, or can buy the actual song for the same price. Why pay twice?

    1. Re:Overpriced by LostCluster · · Score: 3, Informative

      Actually, there are now real-sounding ringtones which T-Mobile call "Megatones" and Cingular call "Super Tones" that are actually not MIDI-based files but real audio/voice recordings. Effectively, they're just media files suitably edited to fit the small timeslot they get for ringing.

      We're beyond the MIDI stage... but still, selecting the 10 second hook of an MP3/OGG/WAV/Whatever file is something a consumer can do with very little software help.

    2. Re:Overpriced by Patrik_AKA_RedX · · Score: 5, Funny
      Why pay twice?
      Because the poor shareholders need money. Don't you have any idea how expensive a ferrari, big house with pool, trips to various locations and a fourth wifes's boob job is? You should sympatise a bit with their situation.
    3. Re:Overpriced by Greger47 · · Score: 2, Insightful
      And don't forget Joe Averages faceless pension fund! Then need every cent they can get...

      /greger

    4. Re:Overpriced by Bagels · · Score: 1
      a ferrari, big house with pool, trips to various locations and a fourth wifes's boob job

      You misspelled "college education" there. Seriously, that's the primary reason my family invests in anything - three kids to put through college.

      --
      --- Bwah?
    5. Re:Overpriced by NeoPotato · · Score: 1
      Don't you have any idea how expensive a ferrari, big house with pool, trips to various locations and a fourth wifes's boob job is?
      Fourth boob job? How many boobs does she have?
    6. Re:Overpriced by Marvin_OScribbley · · Score: 2, Funny

      Don't you have any idea how expensive a ferrari, big house with pool, trips to various locations...

      Yes. Yes I do.

      --
      I'm not a journalist, but I play one on slashdot
    7. Re:Overpriced by Anonymous Coward · · Score: 0

      Cell ringtones were way overpriced anyways. You're basically paying a buck for some bleeps and bloops someone hammered on a midi-keyboard in ten minutes.

      And the number of musical tracks you've recorded and have been heard by members outside of your immediate family is ...?

    8. Re:Overpriced by N1KO · · Score: 1

      Fourth wife, first boob job.

    9. Re:Overpriced by NeoPotato · · Score: 1

      See, this is what happens when you've been sitting in a lab for 17 hours trying to catch up on homework. You make posts that inaccurately reference the material. Of course, inaccurate references to posts/articles is the slashdot way, right? So pile on the energy drinks and I'm ready to rock 'n roll.

    10. Re:Overpriced by Anonymous Coward · · Score: 0

      my phone supports mp3 playback, so i just open up a sound editor, and copy paste 20 seconds worth. badda bing badda boom 2 minutes and im ready to go. One thing i cant find however, is a good place to find just ringers. not music, but just rings, or beeps.

  12. We don't protect business models from other ones by LostCluster · · Score: 5, Insightful

    The fear is that people will make ringtones out of pirated songs, thus compounding the file-sharing problem while robbing the music industry of a new source of revenue.

    That's not the real fear. The real fear is that people will make ringtones out of the CDs they already have. That process is nothing more than format shifting, trimming, and then playback when a particular event happens to the phone. Uhm... there's no laws against that process.

    The record industry is a bit worried because this had appeared to be a new business model for them... but if the software to make a good enough ringtone is easy enough for the average consumer to do on their own, then consumers don't need to pay to re-buy a track they already have if they want it as a ringtone.

    Sorry, this business model was dead on arrival. Please try again.

  13. More Noises? by Tezkah · · Score: 4, Insightful

    Ugh, stupid cell phones. While this is a neat idea, I keep mine on vibrate, just because I know how annoying a music ringtone is when its someone elses.

    1. Re:More Noises? by Anonymous Coward · · Score: 0
      I keep mine on vibrate, just because I know how annoying a music ringtone is when its someone elses.

      Thank you! If only more people in the western world were as considerate as you.

    2. Re:More Noises? by kryptkpr · · Score: 1, Interesting

      You know, I've gone through several phones with varying usefullness of the vibrate feature.

      Nokia 5190 - Vibrate function was only available with a special battery. I actually got one of these batteries, and was completly unable to get the damn thing to vibrte. (0/10)

      Nokia 3390 - Great vibrate. When someone calls, even if it's tucked away under 4 layers of clothing, you'll notice. (10/10)

      Nokia 8390 - So-so vibrate. This phone is much smaller, so I guess there wasn't room for a big weight. I'd missed several calls while in vibrate mode, so I usually had to have it set on a ringer-of-increasing-loudness. (6/10)

      Ericsson A1228d - (Current Phone, since I lost my 9390, and they sent me this refurb piece of shit) No vibrate feature. No other features either, other then a very limited phonebook that won't even sort names alphabetically. (-inf/10)

      So it's not always a matter of being considerate.. some of us just don't have a choice!

      --
      DJ kRYPT's Free MP3s!
    3. Re:More Noises? by Anonymous Coward · · Score: 0

      I have aired on /. previously my complaints about offensive tones. I applaud your consideration. Thank you.

    4. Re:More Noises? by amembleton · · Score: 1

      I used to leave mine on vibrate, but then I found that I started missing calls. I've got a SonyEricsson t68i and the vibrate isn't very strong.

    5. Re:More Noises? by Anonymous Coward · · Score: 0

      You seem just a little too interested in vibrating phones.

    6. Re:More Noises? by djplurvert · · Score: 4, Insightful

      I call bullshit.

      1) It is your responsibility to select a phone that has a vibrate feature that works as you need it too.

      2) If you are SOOO important that you can't miss a call or two then spending the money to get the proper phone shouldn't be an issue. For normal people, missing a call or two should override being inconsiderate of others.

      3) If you must recieve a call when others might be bothered with your dumbass ringtones then get the damn thing out, put it on lights only mode, and sit it in front of you. Now you won't miss that oh so important phone call.

      4) Finally, there is a BIG, and I mean BIG distinction between someone who occasionally let's the phone ring audibly with the STANDARD ringer vs someone who leaves their phone on audible all the time so others can hear how coooool their ringtones are.

      Stop making excuses for your rudeness. When your phone goes off in a theatre, classroom, library, or any place where people expect a certain noise restraint you are being inconsiderate. There is no legitamate reason, not even the fabled doctor and his dying patient, for your RUDENESS!!!

      plurvert

    7. Re:More Noises? by Hogwash+McFly · · Score: 2, Insightful

      I always have my mobile phone on vibrate because with vibrate on I have no need for a ringtone. Take these scenarios:

      a) I am somewhere loud - my phone vibrates and I can answer it.

      b) I am somewhere quiet - my phone vibrates and I can answer it.

      Being a male and thus keeping the phone in my pocket, ringtones are virtually obsolete. It should be the same for most males out there.

      Women are tricky (as usual) because most keep their phone in a handbag (that's a purse, USAians) and the phone is kept further from the body. However, I suspect that they'd be the same regardless as most of the obnoxious 'I have a cool ringtone' offenders I come across are female. A phone (and ringtone accessory) is just another necklace/pair of shoes/diamond ring for them to show off....

      --
      Mother, do you think they'll like this sig?
    8. Re:More Noises? by Anonymous Coward · · Score: 0

      I keep mine on vibrate also. makes people wonder why you always have a smile on your face. :)

    9. Re:More Noises? by Anonymous Coward · · Score: 0

      This is too offtopic, so posting as AC.


      1) It is your responsibility to select a phone that has a vibrate feature that works as you need it too.


      Ok.. and just how the HELL do I do that? Walk up to the sales clerk, "Hello, I know this is just a hollow plastic shell of a cellphone I'm looking but, but can I have the real thing, and can you hook it up to a number, so I can call it, put it in my pocket, and see how well it vibrates?" Even from the same manufacturer you will get varying quality of vibrate (see my original post). There's really no way to tell how "good" the vibrate feature is other then to try it.. which you can only really do if you know someone who has the phone and they're willing to let you try it out.

      2) If you are SOOO important that you can't miss a call or two then spending the money to get the proper phone shouldn't be an issue. For normal people, missing a call or two should override being inconsiderate of others.

      Valid, more or less.. then again, it's not always an issue of money.

      3) If you must recieve a call when others might be bothered with your dumbass ringtones then get the damn thing out, put it on lights only mode, and sit it in front of you. Now you won't miss that oh so important phone call.

      Good advice, but I think it would still piss some people off in a movie theater (especially if it lights up like the rainbow .. as some phones do), just not as badly and not as many.

      4) Finally, there is a BIG, and I mean BIG distinction between someone who occasionally let's the phone ring audibly with the STANDARD ringer vs someone who leaves their phone on audible all the time so others can hear how coooool their ringtones are.

      Totally agreed, and I wish those people a slow and painful death.

      Stop making excuses for your rudeness. When your phone goes off in a theatre, classroom, library, or any place where people expect a certain noise restraint you are being inconsiderate. There is no legitamate reason, not even the fabled doctor and his dying patient, for your RUDENESS!!!

      Sometimes people just forget..

    10. Re:More Noises? by djplurvert · · Score: 1

      In a word, yes. If your dealer cannot demonstrate the features to you that you need then select a different dealer that can. Because you don't know how to buy something that has the features you need does not give you the right to be inconsiderate of others. If you cannot determine up front whether a phone model will work for you then you should accept the consequence of your lackluster shopping skills rather than be inconsiderate of others.

      I have never had this probelm btw, and I have ALWAYS used vibrate on EVERY cell phone I've owned.

      plurvert

    11. Re:More Noises? by Anonymous Coward · · Score: 1, Funny

      While this is a neat idea, I keep mine on vibrate, just because I know how annoying a music ringtone is when its someone elses
      yes and when its on vibrate you dont even need to answer just leave in you pocket, smile calmly and try not to stain the upholstery

    12. Re:More Noises? by aaronrp · · Score: 1

      If I had a cell phone that took audio recordings as its ringtone, I would record a quiet voice saying "Aaron, your phone is ringing. Aaron, your phone is ringing" and use that. It would probably bother very few people and eliminate the problem I have with my cheapie cell phone from work, which is that every time anybody's generic boring ring tone goes off, I think it's mine.

    13. Re:More Noises? by Anonymous Coward · · Score: 1, Funny

      What if I am using an European carryall?

    14. Re:More Noises? by Blue+Stone · · Score: 1
      Seems to call for something like a bluetooth enabled piece of jewelry - a ring (as in 'on the finger') or an earring that can vibrate in response to the mobile in the handbag ringing ... or a bracelet.
      Maybe the ring on the finger could light up.

      I'm not going to mention the though I had about bluetooth-enabled vibrating nipple- and clit-rings.

      Or are such things too small to be configured like that?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    15. Re:More Noises? by Durandal64 · · Score: 1

      My phone has a nifty little feature where I can set it separate notifications for when it's plugged into the charger vs. when it is not plugged in. When not plugged in, it vibrates. When plugged in, it rings with the standard ringer. I have yet to encounter a problem with my system. Yes it's true that some people look at me funny when I randomly reach for my phone without it having played a ring-tone, but when I start talking into it, they'll either get the fact that someone called me or presume that I'm insane.

    16. Re:More Noises? by jjhall · · Score: 1

      Off topic? Not in the correct context. I'm not afraid, who cares about an incorrect negative moderation once in a while if most all moderations are good.

      1) It is your responsibility to select a phone that has a vibrate feature that works as you need it too.

      Ok.. and just how the HELL do I do that? Walk up to the sales clerk, "Hello, I know this is just a hollow plastic shell of a cellphone I'm looking but, but can I have the real thing, and can you hook it up to a number, so I can call it, put it in my pocket, and see how well it vibrates?" Even from the same manufacturer you will get varying quality of vibrate (see my original post). There's really no way to tell how "good" the vibrate feature is other then to try it.. which you can only really do if you know someone who has the phone and they're willing to let you try it out.

      Any good cell phone dealer will have one of each of their available models already programmed to a number, and will let you test the features out. I personally have experience with AT&T Wireless, Verizon, Nextel, and T-Mobile. Go into any one of their stores, and you will find that to be the case. I can't speak to any of the other US carriers as they do not service my local area (yet.)

      Now if you are talking about going to one of the fly-by-night cell phone/satellite TV/vacuum cleaner stores, then you are correct. They do not have working models. At best, the commissioned sales employee working behind the counter generally has one of the latest models as his personal phone, and will gladly let you see it in order to make the sale. These stores would need to pay for each and every account used for all of the demo phones, so it would simply cost too much.

      The true stores that are owned by the wireless carriers use demo accounts that do not cost them money. What is 20 or so minutes per month per phone when each of those 20 minutes gained them a new 2 year contract? The true stores also generally have better deals than the fly-by-nights as well, unless you care about the free faceplate they throw in that voids the phone warranty anyway.

      The bottom line is, as was said in another post in this thread, that it is your responsibility as the responsible consumer to do your best to shop for the features you need in order to be responsible. If the dealer won't let you demo the phone (or doesn't have a demo phone available) don't support him! He makes his money by cutting corners. Go to a dealer that will answer your questions, and let you see for yourself.

      Would you go buy from a car dealer that only has the chasis and body, but no seats, no motor, no dash, just a lead weight and stickers over the windows to make it appear as a real car? Now apply that same question to a cell phone dealer. See how silly that now seems?

  14. History by The_Mystic_For_Real · · Score: 4, Interesting

    It seems that the current actions of the record industry are analagous to the papal authority during the reign of Pius IX. In both cases, science and technology began to encroach upon the ideas, or intellectual property, of the parties mentioned. Instead of trying to move with the flow of progress, they lashed back with extremist policy (The Syllabus of Errors, lawsuits). For Pius IX, this accelerated the demise of his authority. It should be interesting to see how these policies work out for the record industry.

    --

    _____

    Thank you.

    1. Re:History by hunterx11 · · Score: 1

      I'm sure that many slashdotters would be happy to organize a kulturkampf against the RIAA.

      --
      English is easier said than done.
    2. Re:History by Anonymous Coward · · Score: 0

      Wow. Did a priest molest you as a child, or something? The two situations have absolutely nothing in common, except for perhaps the mutual dislike Slashdotters have for both the RIAA and the Catholic Church (witness the willingness to mod something as interesting that is pretty clearly stupid, just b/c it bashes religion).

    3. Re:History by Anonymous Coward · · Score: 0

      NO ONE expects the Spanish Inqui - er, RIAA!

      KeS

    4. Re:History by Anonymous Coward · · Score: 0

      Well, the reason for RIAAs accelerating demise of authority is simply because they have not kept up with the big race.
      Uh, Pius-who?

    5. Re:History by Spellbinder · · Score: 1

      hey stop that
      too many german words on slashdot
      there are already enough english words in german that it is hard to keep the languages apart
      if you now start putting the german words in english i'm totally confused :p

      --


      stop supporting microsoft with pirating their software!!!!!
  15. Oh god... by bcmm · · Score: 1, Redundant

    No. Not more awful ringtones. Please.

    I hate ringtones. Particularly ringtones of songs. Now everyone will have thier favorite song as a ringtone.

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
    1. Re:Oh god... by intekra · · Score: 0

      I agree with this 100%. I can't stand hearing shitty music everytimes someone's phone rings and I'm even more upset that my own mobile phone did NOT come with a NORMAL sounding ring. I had to make my own NORMAL ringtone :( The only thing worse than hearing the blaring of pop-garbage is hearing idiots with Nextels running aroung having full on conversations on speaker-phone. For fucks sake people, push the button for private 2 way. I don't want to hear about what you and Mookie are doing after you're done grocery shopping. Both musical ringtones and PPT are bad in my personal opinion :\

      --
      [intekra] - [www.plex.nu]
    2. Re:Oh god... by Technician · · Score: 1

      Don't tell anyone, but;

      Many free ringtones are not 30 second cut down samples. They are full length MIDI songs. On a good synth, some sound great. This is expecialy true on many songs that don't have lyrics. I hope the cellphone ringtone fight doesn't kill the free MIDI files that are mostly under the radar now.

      Even more fun can be had with .KAR songs. Lyrics are included if you want to sing them yourself. Wow, the melody and lyrics together. SSShhhh. Don't let the lables know they are there.

      Note: The awful MIDI's you heard a few years ago on the original SB 16 cards with the Yamaha basic synth chip is not what the current generation of Roland Sound Canvas and Yamahs XG MID's and Synths sound like. This is expecialy true of good insturmentals. (Star Wars themes, Axel F theme, X-Files, Jazz, Piano solo's etc.)

      --
      The truth shall set you free!
    3. Re:Oh god... by Anonymous Coward · · Score: 0

      "I had to make my own NORMAL ringtone :( " haha ha ha. god. remind me to never get a mobile phone.

  16. am I missing something here? by tuxette · · Score: 4, Informative
    The fear is that people will make 30 second long ringtones out of popular songs

    I don't know if they last 30 seconds, but ring tones of popular songs already exist, at least in Norway/Europe. It has existed for a quite some time, at least 5 years if not more.

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
    1. Re:am I missing something here? by curator_thew · · Score: 1


      In some countries you have a "private use" exception (Spain is one I know of) which makes it legal to make a copy of your music CD as a ring tone. This may be the case in Norway too.

      Otherwise, I don't see why the creator of the music shouldn't get an additional reward for the new use? Of course, I speak as someone who creates works and earns money from them, not as a mere consumer.

    2. Re:am I missing something here? by ansimon · · Score: 1

      a famous finish pop band actually released one of their
      hits as a ringingtone first. I think it was 3 of 4 years ago.
      To curse about someones ringingtone is somehow so '90.. ;)

      The next thing (tm) is small cellphone games made about
      the newest scandal. Made fast by small companies to ride the wave of the scandal...

      umm... forget that.. its allready old news.. ;)


    3. Re:am I missing something here? by Anonymous Coward · · Score: 0

      I speak as someone who creates works and earns money from them, not as a mere consumer

      Keep referring to the people who put bread on your table as "mere consumers" and I don't give a fuck if people rob you blind and you have to go "create works" by flipping burgers at Mickey D's for the "mere consumers" to consume.

    4. Re:am I missing something here? by SoSueMe · · Score: 2, Insightful

      I speak as someone who creates works and earns money from them, not as a mere consumer.
      curator_thew (778098)

      I wouldn't disparage those consumers if I were you.
      They are the ones you earn money from, not the works.

    5. Re:am I missing something here? by curator_thew · · Score: 1

      > I wouldn't disparage those consumers if I were you. They are the ones you earn money from, not the works.

      I only disparage consumers that don't pay up; just like you disparge producers who are trying to strong arm you.

      I'm just sick and tired of this "free beer" attitude.

    6. Re:am I missing something here? by karmatic · · Score: 4, Interesting

      Because when you've already paid for a license to a work, why should you have to pay every time you manage to do something else with it?

      With my car, for example, I can use it to get from point A to point B. I can cut it up and call it art. I can use it as a door stop.

      With a book - I can use it to make paper maché doodads. I can use it as a weapon in self defense. I can even tear out the pages and use it as toilet paper (I can think of a couple books that can justify it, too).

      When you purchase something (Adobe vs. Softman - it's a Sale, not a License), you have the right to do almost whatever you want with it, with the exception (sometimes) of distributing copies, due to patent or copyright restrictions.

      The creator of the work has been paid for said work. He has excercised his right of first sale. Beyond that, what happens to the work is not really any of his business. Just because it's IP, doesn't somehow give it a special exemption.

      Furthermore, you should ask yourself "what is the purpose, the reason behind copyright?"

      The answer to this question is contained in Article 1, Section 8 of the US Constitution:

      "To promote the Progress of Science and useful Arts..."

      Stifling innovation through charging for any improvement or new use seems contrary to the very purpose of copyright in the first place.

    7. Re:am I missing something here? by Breakfast+Cereal · · Score: 1

      So if I rig my doorbell to play one of your songs (which I've already purchased), I owe you money? If I find that one of your songs causes my dogs to freak out and I use it to give them exercise, I owe you money?

      If these terms were made clear to consumers and could actually be enforced, do you think people would still be willing to pay the same price for music? Should I pay an author extra if I use his/her book to prop a door open?

    8. Re:am I missing something here? by curator_thew · · Score: 1


      It's easy: go to Creative Commons and choose music that allows you to have multiple uses.

      If everyone did this, rather than whine about the RIAA, then the RIAA would be out of business.

      The problem is, everyone continues to whine and beat around about an old and broken system, rather than getting on the bandwagon and choosing a new and better system.

      Why doesn't someone here build a Creative-Commons powered "ringtone" website? Artists will choose to put music there. RIAA will get nothing. Consumers will decide to use it. RIAA goes out of business eventually.

    9. Re:am I missing something here? by Anonymous Coward · · Score: 0

      Dude, normally people pay for advertising rather than other way around.

    10. Re:am I missing something here? by Anonymous Coward · · Score: 0

      Good job ignoring the questions.

    11. Re:am I missing something here? by SoSueMe · · Score: 2, Interesting

      ...just like you disparge producers who are trying to strong arm you.

      Hold on there cowboy, where do you see me casting dispersions on anybody?

      Did I assail someone in that post?

      Producers cannot strongarm anybody.
      They are the ones who need us, not the other way around.

      They cannot force us to buy their product.
      If it is a good product, we will purchase it.
      If it is tripe (which is what most of the current music is, IMO), we will not.

      I do not download copyrighted music.
      I do not pirate software.
      I will download music that the artist posts and, if I like it, I will purchase it.

      It seems you have a bit of a chip on your shoulder.
      Be careful you don't let it alienate the people you need to earn your keep.

      Mind you, free beer (literally) would be nice.

    12. Re:am I missing something here? by grub · · Score: 1


      I'm just sick and tired of this "free beer" attitude.

      UID of 778K+ and you're already sick of the attitude? Whoa, that's whacked..

      --
      Trolling is a art,
    13. Re:am I missing something here? by curator_thew · · Score: 2, Insightful

      > UID of 778K+ and you're already sick of the attitude? Whoa, that's whacked..

      I recycle regularly, it's more fun that way.

    14. Re:am I missing something here? by curator_thew · · Score: 1

      > Because when you've already paid for a license to a work, why should you have to pay every time you manage to do something else with it?

      This issue of "but I already paid for the license" is really just a ME v YOU problem.

      If you don't want to pay for extra uses of works, only choose works (e.g. Creative Commons) that allow you free reuse.

      If the artist wants to let you do this, they'll choose Creative Commons as well. Otherwise, the artist chooses a more restrictive approach.

      At the end of the day, all of this whining is really just about two different sets of people wanting to do things a different way.

      The way to change it is to stop whining about the idiot producers (RIAA and friends) and move the market momentum to the cool place (Creative Commons).

      No one _forces_ you to pay for extra licenses.

      When I come across a shop that sucks, I whine about it for a few minutes and then go and choose another shop. I don't spend the next 5 years continually going back to the suck shop and whining about at the same time. Life is too short.

    15. Re:am I missing something here? by Anonymous Coward · · Score: 1, Insightful

      the law doesnt protect your ideology.

      it protect MINE.

      i can use it multiple ways, the laws protect that.

      that laws DO NOT PROTECT the idea of having to pay multiple times for multiple uses.

      its quite simple.

      you are right though, no one forces you to buy those extra licenses, because you just dont have to own them to do those things.

    16. Re:am I missing something here? by zcat_NZ · · Score: 1

      Would it be as much fun if slashdot accounts were not 'free as in beer?'

      --
      455fe10422ca29c4933f95052b792ab2
    17. Re:am I missing something here? by curator_thew · · Score: 1


      Then I would have to pay or not recycle. The point is that slashdot offersthe accounts as free beer, I don't demand it.

    18. Re:am I missing something here? by curator_thew · · Score: 1


      "the law doesnt protect your ideology.
      it protect MINE.
      i can use it multiple ways, the laws protect that.
      that laws DO NOT PROTECT the idea of having to pay multiple times for multiple uses."

      Wrong. Apart from a very limited "fair use", the law gives virtually exclusive control to the copyright owner, meaning that it protects the owner of the work to do as they please - including offering restrictive licenses that require multiple payments.

      You really do have no clue?

    19. Re:am I missing something here? by Pofy · · Score: 1

      Unless you have a very different copyright law in your country, it does not at all give the owner of the copyright the right to do as they want. Copyright basically gives a few exclusives rights to the copyright holder (and they are not always completely exclusive, exceptions exists). Those rights are about copying, distribution, public performance and such. That is it. Nothing else. There is no such exclusiveness about USE for example.

      Now, if one sell a copy of a work, it doesn't matter if you hold the copyright, one can still not control the use. The only thing one can control (or rather, what the buyer of the copy can't do) are the few things that are exclusive to the copyright holder.

      Of course, one can instead of selling something, rent it, or sell it under specific conditions and so on. That has absolutely nothing to do with copyright though. One can do that with anything. One can rent a car for example instead of sell it. It can restrict how you can use the car and were you can go just as one could do with a copy of music. It has nothing to do with copyright laws though. It has to do with sale laws, contract laws and so on.

  17. Open source version? by Anonymous Coward · · Score: 2, Funny

    That way Xingtone will be mad about people ripping off their idea to rip off the music industry.

  18. The music industry? by hot_Karls_bad_cavern · · Score: 1

    How about the rest of us people that don't really think banging out some recent candy-crap-hop tune from ones phone is cool, but rather annnoying as all hell?

    i'll take my answer off the air....

  19. For once, I agree with the record companies by mongbot · · Score: 1

    The sooner that annoying ringtones are stamped out, the better. It's getting to the point where you can't even watch a movie or go to a lecture without being distracted by mobiles ringing constantly. What's the big appeal of having a loud, obnoxious musical ring tone, anyway? Is it just novelty or what?

    1. Re:For once, I agree with the record companies by Anonymous Coward · · Score: 0
      What's the big appeal of having a loud, obnoxious musical ring tone, anyway? Is it just novelty or what?

      In the 21st century, it's a rite of passage for every teenager. You are just not cool, or you're not 'in with it' if you don't have one with a funky (stupid) ringtone.

      The stupid thing is, it's all pop and rnb ringtones and they drive me up the wall. But then again, rock midi ringtones would drive me nuts.

  20. Or in other words... by 3seas · · Score: 1

    ... a new way for teh real artist(s) to promote their own music so to develop a following that the middleman RIAA will have to bid on (compete in deal making with each other) to ultimately give the artist(s) a better deal and actually pay the artists their proper due...... rather then subsidizing wannabe artists who played the who knows who, who fu&'d who game..

    Consumers win..... getting better music...and so do the real artists.

    1. Re:Or in other words... by LostCluster · · Score: 1

      It would seem like artists would want their latest songs being played as a ringtone as often as possible, as it basically turns into a free public promotion for the full song...

  21. Cell phone companies might prevent this by Niebieski · · Score: 2, Interesting

    I worked for a cell phone company and they had a way to make sure you could not upload midi or wav files to your phone by hiding the file extension (not the MIME type) the phone will accept. Thus, to upload a midi file, you had to name the file something other than .mid for the phone to accept it. Of course, all is needed is a leak and everyone can do it...

    1. Re:Cell phone companies might prevent this by wolverine1999 · · Score: 1

      You can't prevent uploading files via bluetooth or serial cable, which is what I normally do.

      Actually the mobile phone's manual itself encourages this and explains it. I am in Europe which might explain the difference.

    2. Re:Cell phone companies might prevent this by CGP314 · · Score: 1

      all is needed is a leak and everyone can do it...

      That's what the Anonymous Coward button is for.


      -Colin

  22. This is why... by aznxk3vi17 · · Score: 5, Interesting

    ...you make your OWN ringtones. Use a midi-notation software, then use a site like 3gupload to put them onto your phone. Much cheaper than buying them (the site has a whole bunch of ringtones too), and if you're like me, you can put strange ringtones that you'll never find elsewhere.

    1. Re:This is why... by MsGeek · · Score: 1

      I don't even need MIDI software and uploading sites with my Ericsson phone. I can enter music directly into my phone with the "My Melodies" feature. You have to have The Fine Manual handy when you do it, because it's very different than using notation software. Anyway, I have the intro of one of my husband's songs as my ringtone. I can be reasonably assured that nobody else has this ringtone, which is great when you are in a crowd. Danke, Ericsson.

      --
      Knowledge is power. Knowledge shared is power multiplied.
    2. Re:This is why... by Inda · · Score: 1

      Great fun... apart from the MIDI side of things.

      My cheap phone - a Siemens MC60 - plays WAV files. I have the PacMan theme tune from the original game as my ringtone. The sound of Pac dieing for SMS.

      Neat.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    3. Re:This is why... by protohiro1 · · Score: 2, Informative

      I recommend Coding Workshop's polyphonic wizard...yes they also make a popular rootkit, but their program is pretty cool, it includes a WAP server for your mac or pc so you can transfer the files.

      --
      Sig removed because it was obnoxious
    4. Re:This is why... by anticypher · · Score: 5, Funny

      I made my own ring tone.

      It's a 14.4k modem training sequence. Beeeep-dooop braaap-beeep-beep-bip braaaaaappppppppp scrreeeeeeeeeee(for 25 seconds).

      My phone has been banned from every telecom facility in the Benelux. On the downside, every time I hear somebody still using an analog modem I check my phone.

      the AC

      --
      Hemos is like...sci-fi fans;he thinks technology is cool, but he hasn't bothered to understand the science it's based on
    5. Re:This is why... by mrbass · · Score: 1

      Why pay $14.95 when you can use Audacity (GPL) and do it for free. Here's my guide how to make your own Make your own ringtones

    6. Re:This is why... by badboy_tw2002 · · Score: 1

      How is this free? You have to buy a $25 cable for your phone!

    7. Re:This is why... by Mike+McTernan · · Score: 1

      Yeah, in the future there will probably be some scheme (DRM lite or something?) by which this is prevented such that you have to download ringtones over the air allowing the network to take its cut too.

      I'm already aware of one network that blocked the ability for camera pictures taken with a handset from being downloaded direct to PC via a link cable; the network wants to see the data pass through it where it can be billed. Given that this handset was exclusive and branded to the network and heavily subsidised, I think this is quite reasonable.

      --
      -- Mike
    8. Re:This is why... by gl4ss · · Score: 1

      or just send the mp3 over to the phone...

      boycott(don't buy shit) phones which are intentionally locked down by the operator in a fashion that makes local upload of files impossible through ir,bt or some data cable(it's just to force you getting used for paying obscene sums for really really small data transfers).

      and when you're at someplace with friends/family it is actually useful to know who's phone is ringing so not everyone has to check theirs. besides, when _everyone_ has a cellphone the showoff value gets quite small and there's no point in idiots pretending to be speaking to their phones or letting them ring in public places(we had a bit of that shit.. in '94 or so when only nearingly everyone started having cellphones).

      --
      world was created 5 seconds before this post as it is.
    9. Re:This is why... by Anonymous Coward · · Score: 0

      the AC

      Sir, I would appreciate it if you would quit trying to steal my sig. I have been using alot longer than you have.

      Thanks
      The AC

  23. It just keeps going... by Anonymous Coward · · Score: 0
    ...what's wrong with the ringtones available on mobile phones now? Are we all such complicated members of society to want "more more more!"

    Obviously customised ringtones are just not enough. We even have polyphonic ringtones, as well as the ability to download them off the net and from the phone. Personally, I'd be happy with the "ring-ring", since nobody uses it anyway. Amongst all the lame ringtone versions of Britney Spears and Outkast my "ring ring" will shrill loud and clear.

    Yeah, call me a loser but it's true. Just look at all the legal implications which have resulted.

    1. Re:It just keeps going... by Patrik_AKA_RedX · · Score: 1

      I would like to see more people using the not-annoying ringtone I tought up. It's a mixture of tones rangeing between 25KHz and 45Khz. All test subject claimed an annoyance reduction of 100%.

    2. Re:It just keeps going... by magefile · · Score: 1

      Mods don't seem to get this, as it's only at Score:1 right now ...

      Human hearing goes from 20 Hz to 20 KHz, optimally (slightly less, but 20-20K is easy to remember). 25-45 KHz would be inaudible.

      There might also be a joke here about keeping animals away (ultrasonic noise). Not sure. 'Course, that's assuming your cell's speaker can vibrate at 25-45 KHz ... somehow I doubt it.

    3. Re:It just keeps going... by Anonymous Coward · · Score: 0

      LOL.

    4. Re:It just keeps going... by laemas · · Score: 1

      My boss has a nice expensive cell phone. Great big screen etc.... I cant remember what is is, but his ring tone is "ring ring", like an old school rotary telephone. it sounds great, not all grating like normal cellphone rings

  24. buying ringtones is a joke... by seanismdotcom · · Score: 3, Informative

    Buying ringtones through cell phone providers is a joke. You pay $2.50 for a ringtone that will expire in 2 months. Atleast that is how Sprint is. You were able to create ringtones before just it wasn't as easy as a couple clicks. You would need to take the song in winamp or a sound recorder and trim it to 30 seconds and save it in a low quality format. Then you have to convert it using QUALCOMM PureVoice Converter. Most people that I know get "free" ringtones already from www.3gupload.com.

    1. Re:buying ringtones is a joke... by nkh · · Score: 1

      Have you noticed that $2.50 is twice the price of the full high-quality song on ITMS?

    2. Re:buying ringtones is a joke... by Anonymous Coward · · Score: 0
      Buying ringtones through cell phone providers is a joke. You pay $2.50 for a ringtone that will expire in 2 months.

      Here we have absolute proof that they're actually born far more frequently than the "every minute" originally hypothesized.

    3. Re:buying ringtones is a joke... by tepples · · Score: 1

      Yeah, but the iTMS purchase doesn't come with a license to perform the song publicly every time your phone rings in a public place.

  25. Ringtones? We've had them for years now! by Anonymous Coward · · Score: 5, Informative

    Far from worrying here in the UK music ring tones are popular in the UK. People are willing to pay 1.50 (or more) for a ring tone, yet are not willing to pay that much for a single this has a few analysts baffled. It's probably all convenience, anyone can copy a single from the radio, from a friends CD, download it from the net etc.. but getting ringtones on a mobile phone is a bit more complex for the average person. As a result people are willing to pay for them.

    It's not uncommon now to see adverts on peak time TV for ring tone services where you text a number with the name of a song, and you'll receive that ring tone.

    A few people have made millions of pounds from these services. There not hush-hush services either, a few of these people have even been the subjects of BBC Documentaries.

    Channel 4 even allow you to download ring tones from their site - http://www.channel4.com/mobile/

    With Cellphones Europe seems to be ahead of the the game compaired the US. Japan on the other hand are ahead of Europe with 3G phones!

    1. Re:Ringtones? We've had them for years now! by Anonymous Coward · · Score: 0


      Baffled? Seems pretty obvious to me. Its the total yearly cost that matters.

      You may want to create one ring tone a month, yearly cost = 12*1.5 = $18.

      As for music, yearly expenditure runs anywhere from $100-$500.

      So do you think consumer is going to complain about ringtones or singles?

    2. Re:Ringtones? We've had them for years now! by canavan · · Score: 1

      With Cellphones Europe seems to be ahead of the the game compaired the US.

      And that's why the GEMA, the german equivalent of the RIAA has been charging for ringtones since almost 3 years - and that's for barely recognizable monophonic stuff, not those fancy .mp3s of .wavs.

    3. Re:Ringtones? We've had them for years now! by Rostin · · Score: 1

      I figure people are willing to pay 1.50 for a ringtone b/c then they are cool when every "gets" to hear their phone ringing. They aren't paying for music as much as to make a statement or show off their music tastes or whatever.

    4. Re:Ringtones? We've had them for years now! by ramunas · · Score: 1

      As a matter of fact, people are buing ringtones not to show off, insted because they want to be shure that it's their phone that's ringing not those other peoples phones

      --
      ./R My blog
    5. Re:Ringtones? We've had them for years now! by Anonymous Coward · · Score: 0

      riiiiight... stepped on your toes a bit there, did he?

    6. Re:Ringtones? We've had them for years now! by Jameth · · Score: 2, Insightful

      I don't know the whole situation with ringtones in the US, even though I live here, as I hate cellphones quite a bit, but I can definitely say that I've been hearing irritating pop music ringtones for at least a year.

      The point of the article isn't that you can get a pop-music ringtone, it's that you can get a pop-music ringtone without paying the RIAA, which pisses the greedy bastards off.

    7. Re:Ringtones? We've had them for years now! by Anonymous Coward · · Score: 0
      With Cellphones Europe seems to be ahead of the the game compaired the US. Japan on the other hand are ahead of Europe with 3G phones!

      Considering that most European cell phones are also available in the US (excluding most 3G handsets, which are generally regarded as having poor battery life and not selling well anyway), I would think it'd be more accurate to say that the people in Europe, and not the cellphones, are ahead of the game compared to the US populus in their knowledge of and comfort with cell phones.

      As someone presently in Japan, I'll also say I'm very dissapointed by the Japanese networks. The companies I'd say are ahead of US/Europe in finding revenue streams, and the phones often have more advanced features (such as 2+ Megapixel cameras, whereas there was recently big news that Nokia and SE were finally releasing phones with 1MP) but overall there really isn't anything that can't be done on a western phone--especially with symbian and J2ME phones that have free SDKs. The mail clients on these phones aren't as useful, only tied to the cariers (think SMS/MMS instead of email), and being able to run PuTTY on these phones is out of the question. Everything costs money. In order to listen to music, I have to download a license key for my phone for the player. The web browser doesn't do WAP (or HTML ... just some other thing). There's quite a bit more, but this should give you a sense of how closed everything is.

  26. This is great news.... by Prod_Deity · · Score: 0

    For those that can't get enough of William Hung.

  27. Link to "guidelines" by Covener · · Score: 1

    IANAL, but current copyright guidelines seem to permit fair use of "Up to 10% of a body of sound recording, but no more than 30 seconds". All of which should make for an interesting legal debate. I can hear the gnashing of teeth already."

    It's odd that you linked to guidelines of some non legal body as opposed to some actual legal document.

    While I usually disagree w/ idiots blathering on about fair use, I think short clips at vastly degraded quality for personal use on your cell phone come pretty damn close to making the cut.

    1. Re:Link to "guidelines" by cbr2702 · · Score: 1

      The Copyright Act itself permits "fair use" but does not specify what qualifies. That has historically been up to the courts to decide, based on the specific situation. The guidelines on the linked-to North Carolina Board of Education website are just that, guidelines. They have been culled from court decisions and organized so as to be useful to the teachers and students. The thread-started couldn't link to "some actual legal document" because there is no such document defining "fair use"

      --


      This post written under Gentoo-linux with an SCO IP license.
    2. Re:Link to "guidelines" by Covener · · Score: 1

      The thread-started couldn't link to "some actual legal document" because there is no such document defining "fair use"

      Sec. 107. - Limitations on exclusive rights: Fair use

      It's there, a bulleted list, but just not the most objective criteria.

      Especially dangerous about posting an academic guideline is that there's the built in assumption that part 1 of the above code is more or less satisfied.

    3. Re:Link to "guidelines" by cbr2702 · · Score: 1

      "In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: [bulleted list of considerations]"

      This list doesn't give guidelines for the prospective fair-use user, but instead supplies factors for a court to consider. These factors are not very useful of themselves, because court decisions have clarified them very much. I agree with your last point, though.

      --


      This post written under Gentoo-linux with an SCO IP license.
  28. challenges profits? by farkinga · · Score: 2, Informative

    Come on - the RIAA can't make electronic distribution of music profitable but cellphone companies can? ...and by virtue of that, the particular mathematical transformation that re-encodes the sequences of acoustic impulses necessary to modulate the cellphone speaker to produce a familiar noise must be challenged in court? It's okay to use some speakers but not others?

    These companies have a horrible time keeping their business models up to date... and inter-industrial consistency in argument seems to be failing.

    --
    ?/o
  29. I for one... by Complicity · · Score: 2, Interesting

    ...kind of secretly hope that the record companies win this one, just so I don't have to listen to the ringtones :) Most of the 'music' ones (especially using MIDI) are just horrible, and once people start making them more frequently on their own, expect the quality to get even worse, just like good ol' mp3s.

    --
    - c -
  30. Puff Daddy does it, why can't I ? by www.2cups.com · · Score: 2, Insightful

    The music industry does't seem to have a problem with every rap "artist" sampling the heck out of other peoples music. I don't see the difference when I sample it. Call my cell phone "ART" --Colin

    1. Re:Puff Daddy does it, why can't I ? by kyle_b_gorman · · Score: 2, Informative

      you have to get permission for that, and if you don't they'll sue your rump. you have to wonder if there are behind the scenes royatly payments for that.
      WHAT ARE THE PENALTIES IF I DO SAMPLE?

    2. Re:Puff Daddy does it, why can't I ? by Anonymous Coward · · Score: 0

      Puff Daddy does it, why can't I ?

      The samples Puff Daddy uses are used WITH PERMISSION. Artists who sample without permission cannot distribute their product without violating copyright. Sampling tunes with as ringtones probably falls within fair use guidlines.

      Seems like your problem is with rap artists, since you make no mention of other artists who sample.

    3. Re:Puff Daddy does it, why can't I ? by Anonymous Coward · · Score: 0

      Actually there have been quite a few legal cases about sampling music. Also, the cookie cutter rappers you hear on the radio have nothing to do with actually creating beats, they just lay lyrics over tracks made by a producer. I could go farter into this but I am already an anonymous coward, better not be a long-posting one too.

    4. Re:Puff Daddy does it, why can't I ? by blackmonday · · Score: 1

      When you sample, you must have permission, and you're usually gonna be paying the artist/publishing company royalties. And I don't consider rappers"artists", I consider the artists. NWA changed my life.

    5. Re:Puff Daddy does it, why can't I ? by LostCluster · · Score: 1

      Singer Dido went from zero-to-somebody when the entire an entire verse of her song "Thank You" was sampled in Eminem's song "Stan".

      Initally, she wasn't aware of what he had done with it. However, eventually all of the needed sign-offs happened, and the result was a hit song not just for Eminem, but also something that generated interest in her as well. She did some appearances with him to perform her part of the song live, and it eventually launched her as a standalone artist.

      That seems to be the threshhold when a sample moves from unwanted to wanted... when it ends up propelling a nobody artist already signed into a somebody.

      Nick and Jessica from the MTV reality show wanted to do an album of duets together. The problem is they're on different labels and she's a much bigger star than he is at the moment. His people would let him do it, but her label won't let her appear in such a joint release right now. No profit in it for them, so no collaberation among the married couple allowed.

    6. Re:Puff Daddy does it, why can't I ? by Mister+Transistor · · Score: 2, Informative

      I think one of the more famous cases was when Vanilla Ice stole^H^H^H^Hampled Queen/Bowie's "Under Pressure" for his hit (?) "Ice, Baby". He didn't get permission and got the shit sued out of him. He wound up settling out of court, and made everyone in the (at the time) new "sampling" style of music very aware that they were using bits of copyrighted works and had BETTER get permission!

      There's a fascinating bio of this artist (?) on rotten.com: Here

      --
      -- You are in a maze of little, twisty passages, all different... --
    7. Re:Puff Daddy does it, why can't I ? by ThreeDayMonk · · Score: 1

      Alternatively, how about this:

      Hypothetically, if I already own the relevant Police or Led Zep album, can I get a discount on one of Puff Daddy's rip-offs^W^W^W re-workings since I already paid for half the content?

      No? What?!

      I think that the way it works for the record companies is what is know as "heads I win, tails you lose". Which is what makes it all the sweeter to stick it to them legally by sampling it on your cellphone.

      --
      If your comment title says 'Re: Foo', I'm not likely to read it.
    8. Re:Puff Daddy does it, why can't I ? by nolife · · Score: 1

      Cases have gone the other way too so this is not a cut and dry area..

      2 Live Crew vs. Roy Orbison determined that sampling in certain instances WAS legal (here and here) and not infringing. Of course 2 Live Crew had other legal problems but at least this one went in there favor.

      --
      Bad boys rape our young girls but Violet gives willingly.
  31. Music Industry by smoondog · · Score: 5, Informative

    This week on Frontline, arguably the best show on television, is titled, "The way the music died." It looks fascinating and, perhaps, even balanced. I do hope the bottom line is, however, that the music industry is a dated industry that refuses (due to some dumb executives) to adapt.

    -Sean

    1. Re:Music Industry by LostCluster · · Score: 1

      It's interesting that Woodstock is claimed as a highlight moment in music history... when it actually was one of the greatest failures of attempted music commercialization. It was never meant to be a free concert. They just couldn't handle the number of gate crashers they ended up with and the rest, as they say, was history.

      Most forms of art are covered by the "Information wants to be free" principle. That's not to say information should always have zero value, but just that the natural tendancy of people who have infromation is to want to express it. When you try to extract value from infromation, you're swimming against human nature and if you ever allow your package to leak, all the contents will spill out.

    2. Re:Music Industry by Anonymous Coward · · Score: 0

      Frontline, arguably the best show on television

      Eat flaming Simpsons episodes, tubgirl lover!!#^%

  32. sure, you may say IANAL as long as you want by codazzo · · Score: 5, Funny

    but you're gonna get *so sued* when Apple patents the name for its oh-so-cute white vibrator.
    iAnal, that is .*)

    1. Re:sure, you may say IANAL as long as you want by Raven42rac · · Score: 1

      Of course to get the most out of that, you need to buy the iLube, that is only available from Apple, of course.

      --
      I hate sigs.
  33. just ban them by marchere · · Score: 2, Insightful

    New concept: ban all ring tones; all that is needed is vibrate mode. It would solve so many problems...

    1. Re:just ban them by arkhan_jg · · Score: 1

      Yeah, cos when my phone is in the pocket of my jacket on the back of my chair, or sitting on charge the other side of the room, vibrate works so much better than a ring tone.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    2. Re:just ban them by marchere · · Score: 1

      If you're not close enough to your phone to feel/hear it vibrate, then the person can leave a message until you are... there are drawbacks, of course, but people live. Tell me, do you need to hear your phone or others going off in the middle of class / lecture / test / workshop / church / movie / play / dinner / funeral / business meeting / date / etc.? It's rude and quite distracting. And yes, people will forget or simply not care to turn their ringers off.

      What do we get instead? Cell phone jammers. I would consider this worse... not receiving your calls at all, having to leave a building to make your call, not having the option to leave a meeting for an important call, not knowing you even received a call, or kept from browsing the email/internet/etc.

      People can live without answering their phone ASAP, and chances are the person calling has nothing relavent to say half the time.

    3. Re:just ban them by arkhan_jg · · Score: 1

      Well, let me see. I work as an network/systems administrator, so I need my phone on me all day so that people can contact me with problems, usually urgent, when I'm working on other parts of the site away from my main desk phone. Having them leave a message, i.e. my having to check it every 5 minutes to see if someones left one, is simply not practical.

      Even when I'm at home, my friends and family usually call me on my mobile rather than my landline, as it's a lots cheaper. If I'm in another room, I need the ringer to know that someone wants to talk to me. If you think voicemail is the be all and end all, I suggest you try disabling the ringer on your landline for a while, and see how useful it is. Oh, and make sure your friends do too. Then you'll see how much fun voicemail tag is.

      No, I do not need my phone when I'm at a film, or funeral. Therefore I turn it off or leave it at home.

      Your irritation at people using their phones at inappropriate times does not override my need to use the ringer. (and yes it is a need. Vibrate does NOT provide sufficient functionality)

      Buy yourself some earplugs, and wear them all day. That's about as practical a suggestion as disabling phone ringtones.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    4. Re:just ban them by marchere · · Score: 1

      I do the same work. I have a clip for my phone (also a pocket in my jeans) if I need to walk around with my phone. If I am at my desk, I put my phone in view. You should be able to see if your phone is going off, not to mention bouncing everywhere on vibrate mode. You don't have to check your phone every 5 minutes.

  34. Could labels invoke DMCA? by HockeyPuck · · Score: 2, Funny

    Could the labels claim that Xington has reverse engineered or cracked the process for uploading ring tones?

    I personally hate ringtones, even in the office some nut has beethoven beeping and booping... what's wrong with vibrate?

  35. Several people already know about this by falcon9x · · Score: 0, Informative

    As someone who cut and made ringtones for my own phone, I can say that several people already knew about this. What the program does, from the looks of their feature set is to make this available to the John Everyman, and make it easy to use. Sites like CraigGiven (read the FAQ) and the such have had information on how to do this for a bit now (Thats where I learned it from. My own phone site is at www.9xrnet.com/9x/sprintpcs with some old school game songs). But there are places like MyPhoneFiles that already have popular tunes available for download at no charge. I guess the program is really for the avg layman who wants to have some indie song or something that isn't mainstream on their cellphone.

  36. Submitter is missing context by DanTilkin · · Score: 5, Informative

    The submitter claims IANAL, but current copyright guidelines seem to permit fair use of "Up to 10% of a body of sound recording, but no more than 30 seconds".

    The submitter is missing the context of the part of the document he referenced. The 10%/30 seconds guideline is meant to clarify what portions of referenced works means in the top of the document. There is no fair use when the only purpose is your own enjoyment.

    Whether owning the CD gives you the right to use this is a seperate question, but there the 10%/30 seconds rule doesn't apply.

    1. Re:Submitter is missing context by curator_thew · · Score: 4, Informative

      > There is no fair use when the only purpose is your own enjoyment.

      Crap. You clearly don't understand "fair use".

      There is no absolute rule for "fair use", the 10%/30 rule is basically a thumb in the air.

      The problem is far more complex than this, and difficult to construct an answer here.

  37. Getting around ringtone expiration by j0hndoe · · Score: 1

    On Sprint, it's easy to get around the ringtone expiration, at least on some phones. Just grab a data cable, a copy of BitPim and you can back up all the files on your phone. Then, you can send the ringtone back to your phone later. Bye-bye expiration date.

    1. Re:Getting around ringtone expiration by seanismdotcom · · Score: 1

      Yea but they don't have full support for my phone yet. VM4500/SCP5500. Thanks for that tip though!!!

  38. Short answer: NO by nurb432 · · Score: 4, Insightful

    No they cant let it go.. they DO want every time, they DO want pay per listen..

    Its their business model.. ( or at least what model they want.. )

    Ya, they suck.

    --
    ---- Booth was a patriot ----
  39. Correct URL please by j0hndoe · · Score: 1

    That URL should be

    http://bitpim.sf.net

    /me bangs head on wall.

  40. mod this one up! by tuxette · · Score: 1
    To curse about someones ringingtone is somehow so '90.. ;)

    That is SO true!

    --
    People say I'm crazy, I got diamonds on the soles of my shoes...
  41. How to get a ringtone onto the phone? by Ed+Avis · · Score: 1

    So how does one load a ringtone? I was disappointed to find that my new Nokia phone didn't include a ringtone composer. The various ringtone services must download them by text message or something. If I have a computer with a modem can I send ringtones to myself?

    --
    -- Ed Avis ed@membled.com
    1. Re:How to get a ringtone onto the phone? by tigress · · Score: 2, Informative

      If you have a new Nokia phone (IE, new model, not just new purchase), you just upload the ringtones (in MIDI, AMR or MP3 format) by IR or Bluetooth.

      Considering the vast amount of MIDI, AMR or MP3 format songs out there, and for that matter the ease of creating one in the first place, I don't see why this is such big news. Unless, of course, this is a way to create monophonic ring tunes out of MP3s, which is pretty darn stupid IMHO.

    2. Re:How to get a ringtone onto the phone? by angryelephant · · Score: 1

      Check to see if your service provider has some way of sending emails to your phone that arrive at SMS. It will probably be something along the lines of sending an email to @.com. Attach the ringtone to the email

    3. Re:How to get a ringtone onto the phone? by Ed+Avis · · Score: 1

      Yes I can send text messages to the phone by email, although this is done by a third-party service. I never thought about attachments. I'll look at Freshmeat to find some program to convert the ringtone into the right format.

      --
      -- Ed Avis ed@membled.com
  42. This software is Windows only by kalidasa · · Score: 1

    Wake me when someone comes out with a Mac or Linux/BSD version.

  43. hmm by nomadic · · Score: 1

    I don't see this being a concern for very long; eventually most cell phones will play MP3s straight out (my Nokia 3300 already does this), so you can just start playing the song itself. Worse of all for the labels, this would be completely legal if you got the MP3 legitimately, as you're simply playing it for yourself on a music player.

  44. 'push' comes to 'shove' by moviepig.com · · Score: 1
    With an appropriate musical download, your cranium can now house an ongoing duel between the IQ-enhancing effect of Mozart and the lobotomizing effect of microwaving your cerebral cortex.

    Place your bets.

    --
    Seeing bad movies only encourages them. Watch responsibly
  45. In Other news ... by proudlyindian · · Score: 0

    An RIAA Protestor was beaten up as his cell phone rang "Its all about money" when the RIAA members were unanimously playing "Yesterday all my troubles seemed so far away"

    Striving to be common

  46. Of course, if you don't want to pay... by TDScott · · Score: 2, Informative

    there's this handy site I made,which will take any MIDI file, put it on a WAP server, and let you use it as a polyphonic ringtone, for free.

  47. Er, what? by dasunt · · Score: 3, Insightful

    So let me get this straight:

    1. Fair use is 10% of a song or 30 seconds, whatever comes first, right?

    2. Making ring tones out of popular songs falls under fair use.

    What am I missing? Ah yes, I know!

    3. Someone with a large lobbying department is not making a profit.

    Don't worry. If fair-use prevents the making of a large profit, fair-use will be weakened.

    A little over two centuries ago, Thomas Jefferson considered copyrights as a sort of necessary evil to promote the creation of works that would (eventually) be in the public domain.

    Today, copyrights exit for only three things: profit, profit, profit. The company that benefited from the vast amount of ideas that had passed into the public domain (Disney) was the company that promoted the idea of "forever" copyrights.

    1. Re:Er, what? by jesser · · Score: 1

      IIRC, the "10% / 30 second rule" applies to samples (e.g. in an online store) but not to all possible uses.

      By the way, what's 10% of a song that has repitition?

      --
      The shareholder is always right.
  48. Mega Bass Cell Phone by Animats · · Score: 1

    Cell phones need much better bass response for this to work well. A bass driver that works between the front and back of the case would help. Plus, you could use the same device for vibrate mode.

  49. they don't need to worry by pohl · · Score: 1

    These ringtones are based on MIDI, which -- as we all know -- is dying. That's right, MIDI had its chance to capture the market for music distribution, and it failed. Netcraft confirms,... Oh wait, wrong thread.

    --

    The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

  50. my only opportunity by Anonymous Coward · · Score: 0

    to hear the latest pop music. They seem to really like it, like a commercial. The stuff /is/ catchy. "We're 'doin sip-ups"We're 'doin sip-ups..."..." now with *energy*, "yeah, come on, come on" - now laser lights... fog... cheerleaders(oh wait, I forgot, pop music, commercials and sports are all different... :)
    Can you tell how long it's been since I've tuned in?

  51. Cool me and my cool phone by aclarke · · Score: 1
    This make sense to me, for sure. I know that I've stopped buying music now that I can listen to my favorite songs in 12 second bursts whenever I get a phone call. Listening to "polyphonic" music on my awesome cell phone has totally replaced hearing the whole song I want, when I want, on my home stereo.

    RIAA == idiots

  52. What is more annoying... by Zane+Edwards · · Score: 1

    ...the original Nokia phone ring or the latest teen beat song ring tone?

  53. What price convenience? by Turtlewind · · Score: 2, Insightful

    Sure, people might already own the music, but that's not what they're paying for. They're paying for the music to be instantly transferred to their phone in a usable format.

    People that want to save money have already got the option of using the 'record' function on their phones to pick up a clip of the song and then set it as a ringtone. Ringtone downloads aren't aimed at those people. They're aimed at kids who want to quickly change their ringtone as a fashion item, possibly while at school or out with friends. If you have to go home to your computer, it's just not as cool anymore.

    --
    --This is a self-referential sig--
  54. That gnashing sound... by stubear · · Score: 1

    ..is not coming from the Music Industry, it's coming from those of us who hate cell phones already and this will only serve to exacerbate the problem that much more. I was ready to get out of a long line at the post office (I was second from the front of about twenty in line) the other day just to silence a really annoying cell phone ring someone thought was cute and one everybody else should hear before he answered the call and "invited" everyone to listen in on the conversation as well; half of it anyway.

  55. Re:We don't protect business models from other one by TheGavster · · Score: 1

    Precisely. Setting up a cell phone to play part of a song when it rings isn't any different from setting a computer or a cd player to play a song when the alarm goes off in the morning. Are they going to sue the authors of all those alarm-clock Winamp plugins next?

    --
    "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
  56. Super Nintendo ringtones are the way to go... by Mitleid · · Score: 3, Interesting

    Once I finally got my hands on a Bluetooth enabled laptop a few months ago, I've been able to send ringtones to my T610 without any problems whatsoever. The best part is that I can use practically any MIDI I find online, which means I don't have to settle for the tripe that is otherwise "offered" by my cell phone provider.

    Anyways, I've found that video game MIDIs, particularly SNES, make the best ringtones. The instruments carry over well to a ring, there are hundreds and thousands of available songs you can get online, and they're just all out fun.

    So, I don't really see why a community like slashdot would really care that they can't put the latest Outkast or 50 Cent ring on their phone. There are much better rings out there. Just be courteous and turn those goddamn things off before entering a movie theatre or something, cause I can tell you right fucking now I don't want to hear Kefka's theme from FF6 blasting out of your phone right as a J. Lo-portrayed Samus Aran is putting the hurt down on some aliens in the next big John Woo movie.

    Not that our phones are ringing anyway...

    --

    --
    Is it me, or did it just get fatter in here?
    1. Re:Super Nintendo ringtones are the way to go... by Trejkaz · · Score: 1

      Of course any new phone these days can also play MP3 ringtones, so you have a way to play even more authentic-sounding SNES themes. :-)

      --
      Karma: It's all a bunch of tree-huggin' hippy crap!
  57. Free Advertising? by Orcspit · · Score: 2

    I really don't see how this is a problem. Its basiclly just free advertising. Someone has a clip of a song on their cell phone, someone else hears it and likes the tune. Said person then asks person what the song is. After which he hopefully (in the music industries eyes) either buys the CD or legally downloads the single.

  58. placing the blame by Anonymous Coward · · Score: 1, Insightful

    You can't fault the RIAA for trying to soak the maximum value out of everything they do, that's just plain the nature of greed and we all have it to some degree.

    Really, I blame the people who think this kind of behaviour is acceptable, and apologize for them.

  59. Don't kid yourself -- it is a HUGE market by PeeAitchPee · · Score: 2, Insightful

    The downloadable ringtone market is expected to double to $4 billion by 2008. Just because Slashdotters don't think ringtones are cool won't stop millions of pre-teen mushbrains from blowing their allowances on ringtones, and you can be damn sure the RIAA knows it.

  60. Re:We don't protect business models from other one by the_2nd_coming · · Score: 1

    solution, buy this company and then create a subscription service based on it effectively killing it.

    --



    I am the Alpha and the Omega-3
  61. How about the RIAA pay me everytime I am subjected by Anonymous Coward · · Score: 0

    How about the RIAA pay me everytime I am subjected to their ring tone.

  62. WTF?? by sjwt · · Score: 1

    Learn more

    "Phone Test

    In order to use Xingtone, it's important to have the right mix of equipment and mobile services. Here's what you need:

    [1] A mobile phone that operates on one of the following networks in the US and Canada: AT&T Wireless, Bell Canada, Cellular One, Cingular, Fido, Rogers AT&T, Sprint, & T-Mobile. "

    Anyone know why this is only limited to US and Canadian phone companys???

    If ever one was to shoot your self in the foot this is it.

    Its just beging for another company to start up and offer it world wide, and suddenly overnight surpass your market share..

    --
    You have 5 Moderator Points!
    Which Helpless Linux zealot/MS basher do you want to mod down today?
  63. Reverse Annoying by Anonymous Coward · · Score: 2, Funny

    I'm just going to add a small speaker to my personal stereo player and have it play short pieces of music while I watch everyone reach for their phone to see if it's ringing.

  64. The Industry's Over by Anonymous Coward · · Score: 0

    This is a joke of a story. the next generation of cell phones will have a 'in' port like usb or firewire, which will effectively destroy the ringtone industry. when any mp3 or aif or wav can be your ringtone who needs them. they made 2-3 billion a year for the last few years, they've made some money now it's time to move on. the great irony is that kiddies we're spending 2-3 bucks per 20 second ring tone, yet elsewhere people we're complaining that 1 dollar full songs on iTunes we're too expensive.

    Ideas stolen from:
    http://www.parksassociates.com/ParksPoints/ PDFs/ap r04/ParksPoints_apr04_JB-rt.pdf

  65. RIAAnnoying by GotAnMP3 · · Score: 1

    I actually RTFA and found this software isn't much different than using a basic freeware wave editor to crop an audio clip down to 30 seconds or so and then converting the resulting output with whatever compression format your cell phone uses for digital audio. I've done this with my Sprint phone using Qualcomm's free converter and it basically sounds absolutely horrible for anything except voice/a capella clips.

    I was really hoping for something that uses intelligent waveform analysis to help you render a decent sounding MIDI file from the original digital audio. MIDI ringtones are really the only way to end up with something that remotely resembles the original song.

    As for the RIAA's objections, they've been polluting P2P networks with MP3s that contain 30 second clips of the chorus/hook looped over and over for the entire original duration of the song. They're worthless enough to distribute on P2P, but they're lost revenue as ringtones. I get the feeling the RIAA is in the business of hypocrisy and music is just a side thing.

  66. slashdot formula by curator_thew · · Score: 1


    This is becoming a standard formula:

    them:
    1. "announcement of new use of existing material that provides benefical results to consumers"
    2. "involves a charge"

    sdot:
    1. "f**k off, something else we need to pay for"
    2. "it's the RIAA trying to get us again"
    3. "what artists? ignore them, they get nothing anyway!"
    4. "more free beer"
    5. "we paid for it once, not again"

    rehash
    rehash
    rehash

  67. They thought this was a business model? by Rudolfo · · Score: 1

    "It's problematic, because it has the potential to eviscerate the business model early in its development," said Ted Cohen, EMI Music's senior vice president of digital development and distribution.?

    Anyone with an inkling of understanding of digital recording knew this was a completely idiotic business model. A ringtone is just a digital recording. Did they expect no one to realize that you could take a snippet of any song and use it as a ringtone?

  68. Case for distinctive rings... by silverhalide · · Score: 1

    I've noticed that in situations where you have to have your ringer on (ie you have to leave your phone on a desk in a shop or something), distinctive rings offer the advantage of not having everyone in the room running to check their phones when a phone rings. Think back to a few years ago to the standard beep rings and a phone went off, everyone in a room would check theirs to see if it was them. So while a phone ring is still frustrating, at least knowing which phone it is takes the edge off. Also, the song rings don't make your nerves crunch every time they go off like the old single-tone rings did.

    1. Re:Case for distinctive rings... by djplurvert · · Score: 2, Insightful

      1) Put phone in vibrate mode.
      2) Put phone in your pocket.
      3) Stop being an annoying ass with your dumass ringtones.

      nuff said!

    2. Re:Case for distinctive rings... by SomeGuyFromCA · · Score: 0, Flamebait

      > distinctive rings offer the advantage of not having everyone in the room running to check their phones when a phone rings.

      Also, where you can assign rings to specific phone book entries, you can tell who's calling without getting up.

      --
      if the answer isn't violence, neither is your silence / freedom of expression doesn't make it alright
  69. Re:Mercury News by Anonymous Coward · · Score: 0
    This article was in the Mercury News a couple days ago...

    We are truly humbled by your superiority.

  70. So this is how to share ALL of your MP3's LEGALLY! by licamell · · Score: 3, Interesting

    Just follow these simple steps

    1. slice your songs into 10 equally sized chunks (10% each)
    2. name them original_song_title.mp3.X where X = (0-9 corresponding to the chunk that it is).
    3. Have each smaller file shared on P2P network.
    4. Laugh at the RIAA

  71. No need for special software by shadowj · · Score: 5, Interesting
    Several newer phones (such as my Sony-Ericsson P800) can use any MIDI or MP3 file as a ringtone. No need to do any fancy file manipulation... just upload the .MID or .MP3 file to the phone and that's it. How can the RIAA control that? Sue the cellphone makers? Pretty amusing, seeing as the Sony half of Sony-Ericsson would be suing itself...

    BTW, my own ringtone is a recording of an old-fashioned telephone bell... I don't inflict reedy-sounding pop music on innocent bystanders.

    --

    --Larry

    Never attribute to malice that which is adequately explained by incompetence

    1. Re:No need for special software by 90a780y · · Score: 1

      This is a good point. My Nokia 3300 (the batwing shaped thing) plays MIDI, MP3, and I think WAV files. This is one of its main features and really the only reason I bought it. So if the file is on the phone why would they care how I am using it? I Does this mean that I cannot hook it up to a stereo and enjoy the music in my own home? For what it is worth I have no pop songs on my phone. I perfer to annoy people with Godflesh or At the Gates. When my wife calls StrongBad does his guitar thing. Get some strange looks with that one.

    2. Re:No need for special software by CRC'99 · · Score: 1

      I hope you're not the guy that exists in a cube near me.... dude, that ring is fucking annoying!

      Everytime I hear it, I just want to smash it with a hammer.

      --
      Sendmail is like emacs: A nice operating system, but missing an editor and a MTA.
    3. Re:No need for special software by Anonymous Coward · · Score: 0

      Honestly, I think the recorded 'old fasion phone' ring tone that came with the SE-T610 (assuming it's the same for the P800) was the most annoying thing on there (and very quiet). As much as I dislike Nokia hardware (it usually seems flaky), having a *real* phone ring that's loud and not annoyingly fake, is nice.

    4. Re:No need for special software by shadowj · · Score: 1
      Everytime I hear it, I just want to smash it with a hammer.

      No, it isn't me. I was liberated from Cubeland years ago. You, however, might want to cut back a little on the Jolt.

      --

      --Larry

      Never attribute to malice that which is adequately explained by incompetence

    5. Re:No need for special software by shadowj · · Score: 1
      I think the recorded 'old fasion phone' ring tone that came with the SE-T610 (assuming it's the same for the P800) was the most annoying thing on there (and very quiet).

      Probably not the same ring. This one sounds a whole lot like the real thing, and it's loud... the loudest ringtone that comes with the phone, in fact. I had to dial the volume back quite a bit to make it tolerable. These days I have it on ascending volume... the phone first vibrates, then sort of clucks, then starts ringing quietly, slowly getting louder.

      --

      --Larry

      Never attribute to malice that which is adequately explained by incompetence

  72. Reality Check by djplurvert · · Score: 5, Insightful

    Since ringtones have become popular I've noticed that fewer people choose the vibrate option. For those of you with ringtones get a clue, your ringtones are NOT cool! Everytime I hear one I just roll my eyes. Everyone thinks that they have the one tone that is soooo cooool that nobody will mind listening to it. People fail to realize that others don't want to be interrupted by random snips of ANY music played on a crappy speaker.

    Perhaps if the RIAA managed to get some draconian measures enforced to charge you a royalty fee everytime your dumbass ringtone went off you'd switch back to vibrate. I hate the RIAA, but honestly, I hate ringtones more.

    plurvert

    1. Re:Reality Check by KozmoStevnNaut · · Score: 1

      Agreed!

      My phone has never been on any other mode than "silent". I carry it in my pocket anyway, so I don't need some blaring tone to tell me someone's calling.

      I consider it basic courtesy.

      --
      Eat the rich.
    2. Re:Reality Check by Nameles · · Score: 1

      Well my phone has annoying built in ringers, so I chose some non-mainstream music for my ringers (VNV Nation anyone?) Give me some good sounds of real phones and I'll switch.

    3. Re:Reality Check by djplurvert · · Score: 1

      I call bullshit.

      You are making excuses to play music you like that you think others will like under the pretense that the built in tones are annoying. Nobody wants to be "turned on" to your really cool favorite band dude! Get over yourself.

      This is the second link from this google search. If you really want a standard ring you can find it. However, the primary point is that your phone should be SILENT so as not to annoy others. Almost every phone has a vibrate mode and that's what you should be using if you are in a public place where phones are not appreciated.

      /plurvert

    4. Re:Reality Check by Anonymous Coward · · Score: 0

      Pulvert, I've read a couple of your posts and, seriously, I think you have issues that can benefit from therapy. At the very least, I suggest giving-up caffinated beverages and getting at least 8 hours sleep regularly.

      Of course, maybe you live in some cellphone hell where strangers antagonize you and you alone all day long. If so, I can introduce you to some nice, cellphone-free zones in rural Pennsylvania and New York where you can recover in peace and harmony.

      As for the rest, it's just a phone, a tool for communication. I attach no emotional significance to my phone beyond the convenience it affords. The ringtones aren't for your benefit, they are for mine. I would not give a rat's ass over whether you like or dislike my ringtones. They serve only to alert me of calls and distinguish particular callers in a way that pleases me.

      If my ringtones have somehow offended your politically-correct senses, then please allow me to extend a sincere and heartfelt "shove it up your ass," and "mind your own business."

    5. Re:Reality Check by Lord_Dweomer · · Score: 1
      The good news is that wireless earpieces for cellphones are becoming smaller and smaller everyday. Soon we will reach a point where you can wear them as a small plug in your ear. Once it gets to the point where people wear them most of the day, you'll REALLY be able to tell who just wants you to think they're cool, and who got the ringtone because they like it.

      The ones who listen to them through the plugs will be the only ones who will hear it, and the rest are open targets to laughter.

      --
      Buy Steampunk Clothing Online!
    6. Re:Reality Check by djplurvert · · Score: 1

      Hit close to the mark did we ?

  73. the music industry arent the only ones by kneel · · Score: 1

    these things are giving me a big splitting headache too.

    also for those of you who own nokia phones, PLEASE change your ringtone from the default. that is the one i hate most.

    --

    indierock / punkrock band photos and more... http://www.digitaldefection.net

  74. This is new? by BillX · · Score: 1

    Wait...I thought some phones already could play mp3s as their ringtone. Hell, I think you can pick up a cellphone these days that will brush your teeth for you.

    --
    Caveat Emptor is not a business model.
  75. Wait for it... by Anonymous Coward · · Score: 0

    If they ever locate one of their recordings on which someone farted, I expect all toilets to become a DRM'd pay service.

  76. Ringtone Monopoly?? by Basehart · · Score: 1

    Loudeye Technologies up in Seattle has possibly the biggest authorized digital music archive in North America, all of it sanctioned by the five major labels and countless indies (they supply audio files to Microsoft, Apple among others), yet they also recently started selling ringtones.

    Isn't there a conflict of interest right there?

  77. ohfershitsake get a grip by bratgrrl · · Score: 1

    The RIAA is not entitled to receive royalties every damn time a person uses a piece of music. I suppose all those annoying twits who put their fave overture on their answering machines owe them money, or every time you hum a few notes. I vote for deporting all these idiots to the Remote, Unescapable Isle of Darl. Let 'em sue each other for the rest of their lives and leave us real people alone.

    --

    ---

    SCO is weenies
    Gator is Spyware
    Microsoft is thugs

  78. Though it's sacriledge to say so... by Blic · · Score: 4, Funny

    ...part of me hopes the RIAA can ban this. I am so @#$% sick of having to listen to long, annoying song clip ringtones erupting out of coworkers cubes at maximum volume, especially when they aren't there and left their cellphone on their desk, and it just plays over and over and over...

    1. Re:Though it's sacriledge to say so... by jeffy210 · · Score: 2, Funny

      "left their cellphone on their desk, and it just plays over and over and over..."

      My favorite remedy to this? Take their cell phone and put it up in the ceiling tile. Then when they come back, call their phone and laugh as they franticly look around for it. Done this to a couple of co-workers.

      --
      ------
      "And may your days be long upon the earth."
    2. Re:Though it's sacriledge to say so... by ScrewMaster · · Score: 1

      You're a dangerous man indeed, Jeffy210. You really shouldn't give people like me good ideas like that. Tomorrow should be interesting.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Though it's sacriledge to say so... by Anonymous Coward · · Score: 0

      Go get their cellphone and change their ring tone. I'll bet you can think of something fun to change it to--how about the verbal equivelent of goatse?

    4. Re:Though it's sacriledge to say so... by jcuervo · · Score: 1
      how about the verbal equivelent of goatse?
      That'd be either GG Allin or Wesley Willis.
      --
      Assume I was drunk when I posted this.
    5. Re:Though it's sacriledge to say so... by duggy_92127 · · Score: 1
      ...long, annoying song clip ringtones erupting out of coworkers cubes at maximum volume, especially when they aren't there and left their cellphone on their desk...

      In that case, just walk over and turn the phone off. I had a guy who worked near me who did this all the time, and he was the typical self-important "I'm always rushing to a meeting" jerk. I turned off his phone all the time, and even shut down his Outlook on his unlocked computer because it would play some annoying noise every time he got an email...

      Relief for me, adolation from your coworkers for "being so bold", plus endless amusement when he returns to his desk and wonders out loud how his phone keeps shutting itself off. I think he even had it replaced as faulty, once. He never mentioned his Outlook being shut down, though. He wasn't too bright.

      Doug

  79. If it works I'm buying it by Bruha · · Score: 3, Interesting

    Right now ringtones for the song itself are running nearly 2.50 per tone. Now if I can buy the same song off napster for .99c then what am I paying for. Most of those tones are of the parts of the song I dont want for the ringer either way. This gives me choice. Something the RIAA cant stand anyone to have.

  80. cdnow by Anonymous Coward · · Score: 0

    thats odd for as long as i can remember cdnow.com (now amazon) would let you listen to 30 seconds of most cd tracks. Why doesn't the RIAA go after them?

    example (offspring's new splinter cd)
    http://www.amazon.com/exec/obidos/ASIN/B0000DIC87/ qid=1085332196/sr=2-1/ref=sr_2_1/102-6516000-98441 60

  81. Re:We don't protect business models from other one by goon+america · · Score: 4, Informative
    Dude, ring tones brought in $3.5 billion last year (believe it or not), that's 10% of the global music market revenue.

    I'm not suggesting that makes an ounce of sense, but it's certainly not chump change here.

  82. The link by fleener · · Score: 1

    Thanks for telling us about the link without providing the link. Do-it-yourself ringtone software encroaching on potential profits, some record labels say.

  83. Sprint PCS users can make WAV ringtones for free by __roo · · Score: 5, Informative

    It's very easy to turn sample files into ringtones for free. For Sprint PCS users, the Xingtone software just creates a GCD file (more info) and hosts is on a website for your phone to download. It converts the WAV file to Qualcomm PureVoice (.QCP) format (which you can do using Qualcomm's free converter for Windows and Linux). There's more info here.

  84. Why comply? by Anonymous Coward · · Score: 0

    Why are these certain cell phone carriers allowing this software to work with their phones? They obviously generate a significant amount of revenue from ring tones. They are only undercutting their profits by letting people roll their own.

  85. Or you could just by Anonymous Coward · · Score: 0
  86. That doesn't quite do it. Brace yourselves. by Ungrounded+Lightning · · Score: 3, Interesting

    The real fear is that people will make ringtones out of the CDs they already have. That process is nothing more than format shifting, trimming, and then playback when a particular event happens to the phone. Uhm... there's no laws against that process.

    If your phone plays the exact cut, you may be right. But if your phone plays a bunch of beeps that are the tune, that is a "derived work". And we're back to the issue of how much is "fair use".

    IANAL, but current copyright guidelines seem to permit fair use of "Up to 10% of a body of sound recording, but no more than 30 seconds".

    The linked web page says that the North Carolina Department of Public Education believes that is the case IN A PUBLIC SCHOOL SETTING. For instance: As part of a class project in K-12 education.

    That does not necessarily mean the same guidelines are applicable when you're doing it to replace purchasing a ringtone for your telephone from the copyright holder. The limits of fair use in that situation may be narrower.

    Remember that one of the issues to be weighed in determining whether an act is "fair use" is how much it impacts the potential income of the copyright holder. We have evidence from the existing market that people are willing to pay over a buck for a ringtone. Things get even more interesting if somebody is making a profit by selling the tool, or (worse yet) selling the ringtones themselves.

    IANAL either. I would love it if a lawyer or paralegal among our readership could post a pointer to an authoritative guideline or (better yet) a precedent on the boundaries of fair use OUTSIDE the educational context.

    The fear [of the RIAA] is that people will make ringtones out of pirated songs, thus compounding the file-sharing problem while robbing the music industry of a new source of revenue.

    IMHO that's correct. "Whack-a-mole" enforcement, no doubt preceeded by a strike against the toolmaker based on the claim that the tool is a piracy aid.

    So for the reasons above we should be prepared for the courts to agree with the RIAA when the inevitable suit is filed.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  87. On another note, the US Court of Appeals ... by garyebickford · · Score: 4, Funny

    ... has ruled that RIAA does have the right to install microphones and automated tune-recognition systems on sidewalks, hiking trails and hallways througohout the US to 'identify and prosecute lawbreakers' who violate their copyrights by whistling, humming or singing copyrighted songs without permission.

    In its ruling, the Court agreed with the precedent cited by RIAA, their successful case against the Girl Scouts and Campfire Girls for royalties accrued as a result of girls singing 'Kumbaya', 'Happy Birthday' and other popular songs around the campfire.

    --
    It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    1. Re:On another note, the US Court of Appeals ... by Trillian_1138 · · Score: 1

      I'm pretty damn sure that this is humor, and a look at what the future might be, but someone moderated it as "Insightful" so I'm gonna make a fool of myself and ask: You are kidding, right?

      -Trillian

    2. Re:On another note, the US Court of Appeals ... by MacWiz · · Score: 1

      That's what we said five years ago about the RIAA suing people.

      This whole brouhaha is simply about not allowing anyone the choice of what they listen to unless they pay for each and every listen. If you decide your ringtone from your existing music, then they can't sell you the latest "big thing."

      It's all about choice. You don't get any.

    3. Re:On another note, the US Court of Appeals ... by garyebickford · · Score: 1

      The best humor has the "ring of truth"!! :O)

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  88. I don't get it by Ender+Ryan · · Score: 3, Insightful
    How is playing a song on my phone as the ringtone different than playing songs on my (disc|walk|mp3)man? I can put music on my alarm clock too(CDs), should they get extra royalties for that?

    These people are insane... why aren't they simply ignored? Oh, right... they bribe our politicians, and sometimes even write the actual laws they want passed -- God bless Word(TM) meta-data.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  89. Wanna Know Something really cool? by Phybersyk0 · · Score: 2, Interesting

    Xingtone is awesome.
    Here's how to upload your OWN TONES without paying for XINGTONE:

    1. start XINGTONE.
    2. have your pre-trimmed .wav or mp3 ready.
    3. navigate to the xingtone app directory
    4. overwrite a demo tone with your new sound (keep the name the same).
    5. upload.

    Congratulations. You are t3h winnar!

    Now you can finally have the guitar intro to "Where is my mind" by the Pixies, instead of "In Da Club" by 50-Cent. Treknerds can make their phone sound like a tricorder, or get beamed up everytime their phone rings.. whoopee!

    Why a freehack? -- The audio quality is crappier than 8-bit audio, you may also have normalization problems (too loud/soft). Their demo is just 3 canned sounds that are decompressed onto your hardrive when the app is started, and removed upon app-shutdown. The app is useful, but not worth $15. Not to mention the fact that many people have to pay additional $$ to their mobile service provider per byte/kb of data transferred...

    scam.

    Remember: We only use recordable devices because of human playback limitations.

  90. Death of Ringtone Sales by Spolster · · Score: 4, Informative

    My current phone allows me to use any mp3 as a ringtone, no conversion necessary. As far as I can tell this is becoming more and more common on new phones. With more and more phones and computers supporting bluetooth it's also getting easier to transfer them onto the phone. Eventually it's going to become convienient enough that people won't be willing to pay to be sent ringtones when they could just use music they already own.

  91. Slashdot, 2022 by multipartmixed · · Score: 4, Interesting

    Posted by michael on Monday May 23, @01:25PM
    from the we-miss-the-dmca dept.

    The RIAA announced today that they have secured the exclusive right to the key of G-flat.

    Previously, the key of G-flat was a popular key among independant Open Music authors, as the RIAA had neglected to secure rights to it during the Commercial Copyright Reforms of 2016.

    RIAA spokesman Darl Hollingsworth explained, "After CCR/2016, the RIAA secured the rights to all keys in which music can be composed. Traditional music theory, dating back to the 15th century, stipulates that there is no such key signature as G-flat major. Unfortunately, Open Music pirates have discovered a way to represent the key of G-flat; however, G-flat major is simply an isomorph of F-sharp. The court rightly recognized this equivalence and the blatent theft of musical keys by Open Music pirates everywhere. In accordance with the law, the Supreme Court of the United States of America has assigned us the world-wide copyright to these songs."

    While timing is expected to vary from state to state, all residents of the USA will have their CRMIs (Cranial Rights Management Implants) updated by the end of 2023. The levy for mentally accessing a song written in G-flat will begin at twice the regular rate, to make up for nearly a decade of Note Piracy. The levy will be scaled back to the regular rate of $19.84 per thought once the new CRMI software has been uploaded for two years. Residents of the so-called "Oil States" of Iraq and Saudi America will continue to receive the Western Culture subsidy.

    --

    Do daemons dream of electric sleep()?
    1. Re:Slashdot, 2022 by pommiekiwifruit · · Score: 1
      G-flat major is simply an isomorph of F-sharp.

      Only in even-tempered scales.

  92. awsome! Now I can have retro-gaming ring tones by Doppler00 · · Score: 1

    This sounds very cool. Now I could convert my NSF or SPC (NES and SNES) songs and play them on a cell phone! It's always fun to have a ring tone from some from some obscure game and see if anyone recognizes it.

    1. Re:awsome! Now I can have retro-gaming ring tones by pommiekiwifruit · · Score: 1

      ActRaiser has a good tune, which I have put on my phone some time ago after faffing about with MIDI. But the phone is too quiet when it starts ringing :-(

  93. Barnum was right. by sulli · · Score: 2, Insightful

    There is a sucker born every minute.

    --

    sulli
    RTFJ.
    1. Re:Barnum was right. by Daetrin · · Score: 2, Interesting
      There is a sucker born every minute.

      With 3.5 billion in sales at an average of 60 cents each (according to the article) it's more like 11,098 suckers born every minute. The number is probably lower due to repeat buyers, but i doubt there's one sucker born every minute who buys 11,098 ringtones :)

      How many cellphone owners are there in the world? Maybe a billion? Two billion at most? I know cell phone rates are higher in many other countries than the US, but still, there are only 6 billion people on the world, and only a fraction of those have the means to buy a cellphone.

      So if there are a billion cellphone owners, and i'm paying 0 a year for ringtones, who is the idiot who's paying $7.00+ a year who is balancing me out?

      --
      This Space Intentionally Left Blank
    2. Re:Barnum was right. by Anonymous Coward · · Score: 0

      check your math. I get 110.98 every second, which is 6659 per minute.

  94. They'll try to charge $1.50 every time it rings.. by crovira · · Score: 1

    When they figure out how to charge for 'vibrate' then they'll start charging us for not being deaf.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  95. Is it just me... by harveyswik · · Score: 1
    or should that be

    Cell Phone Ringtones Give Music Industry Another Hard-on.

  96. Paypal has nothing to do with the Pope by Anonymous Coward · · Score: 0

    Paypal was not around nor had anyauthority during the reign of Pius IX. I jus checked in my priest's coloring book.

  97. iPod Cell Phone? by Dachannien · · Score: 2, Interesting

    Suppose Apple and Motorola team up to produce a cell phone iPod. It'd be able to play securely and legally purchased music (from iTunes, for example, or ripped from legally purchased CDs) at any time, including when someone calls you. You wouldn't have had to pay any extra money for it, either.

    I don't see how this is any different than that, and cell phone tech is already at the point where you could download an mp3 to normal cell phones and use it as your ring tone anyway. (Why this hasn't happened yet is anybody's guess, but I would not be in the least surprised to see it in the next round of cell phones.)

  98. Awwww...de-dums by Anonymous Coward · · Score: 0

    while robbing the music industry of a new source of revenue

    Awwww...de-dums...it robs them of a new source of income. You know what? We never saw this much debate when thousands and thousands of people lost their jobs in mining/farming/off-shore out sourcing...whatever. The entertainment industry needs to wake the fuck up and realise that nothing lasts forever. Society evolves and if you don't evolve with it then you die...

  99. I don't have a ringtone to be cool by pjt33 · · Score: 1

    I have a ringtone so I can tell that it's my phone ringing.

    1. Re:I don't have a ringtone to be cool by zCyl · · Score: 1

      I have a ringtone so I can tell that it's my phone ringing.

      *raises eyebrow* Vibrate doesn't tell you this?

    2. Re:I don't have a ringtone to be cool by djplurvert · · Score: 1

      Riiight, and if your phone is in your pocket and the vibrator goes off you think that someone else's phone is ringing?

      You are making the same tired argument that everyone with a "cool ringtone" makes, it's not an original argument and it doesn't stand up. Your need to have an audible tone should not override consideration for others.

      plurvert

    3. Re:I don't have a ringtone to be cool by Powercntrl · · Score: 5, Insightful

      I agree, there's so many people pissing and moaning about ringtones... Is this a site for geeks or grumpy old men? "Turn that music down!!! You damn kids and your pop tunes are making my ears bleed!"

      If you want to be a stick in the mud and people's choice of ringtones really bothers you, don't go out in public. There's always a chance in public you'll hear or see something you find offensive. Two guys might be holding hands, someone might say "fuck", you may hear a 30-second midi rendition of a pop song's chorus. The shock, the horror.

      I choose to use ringtones because it's entertaining TO ME and it's not the same old "beep beep beep". If that really bothers you that much, don't worry - you're not someone I'd want to associate with anyway.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    4. Re:I don't have a ringtone to be cool by Anonymous Coward · · Score: 0
      It might be his vibrating hamster up his ass. Thus, he needs a ringt0ne to be sure.

      ~~~

    5. Re:I don't have a ringtone to be cool by djplurvert · · Score: 1

      I call strawman. Nobody said anything about "offensive", nobody is talking about just being in public.

      Wanna take your cooool ringtone out to the club, be my guest, noone will complain there. But, as I pointed out in the ORIGINAL message, since ringtones have come into widespread use and that because they "entertain you," you leave your phone on ring instead of vibrate in all sorts of innappropriate places. You don't switch it back to vibrate when you walk into the theatre, classroom, or frankly, even the coffee shop. You just contribute to noise polution with your shitty little one inc speaker blasting out whatever you think represents you as an individual.

      It's not that people don't like loud music, people don't like YOUR loud music. Most of us our considerate enough not to subject you to OUR loud music in places where it is inappropriate.

      DJ plurvert
      hard-house/techno/acid-trance

    6. Re:I don't have a ringtone to be cool by Powercntrl · · Score: 3, Informative

      But, as I pointed out in the ORIGINAL message, since ringtones have come into widespread use and that because they "entertain you," you leave your phone on ring instead of vibrate in all sorts of innappropriate places. You don't switch it back to vibrate when you walk into the theatre, classroom, or frankly, even the coffee shop.

      I never said anything about leaving my phone's ringer on in places where it's inappropriate.

      I seriously doubt anything has changed in terms of people's laziness (relating to switching into vibrate mode or switching the phone off completely) that directly correlates with using a custom ringtone vs a default ringer. There's just more people that own cell phones nowadays and most newer phones support custom ring tones. If custom ringtones disappeared overnight, people would still leave their phones in the loudest ring mode, not because they want the world to hear their phone, but because they're simply too lazy to remember to turn the ringer off.

      Now if you really somehow feel that a default ringtone is less annoying than a few notes from a pop song, I really hope for your sake you learn to take life less seriously.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    7. Re:I don't have a ringtone to be cool by djplurvert · · Score: 1

      I noted an observation based on past events, that is , since ringtones have come into existence, fewer people use vibrator.

      This is an observation based on events that HAVE happened.

      You state an opinion that has no basis, that is "f custom ringtones disappeared overnight, people would still leave their phones in the loudest ring mode."

      This, on the other hand, is conjecture that you have no basis for.

      You completly ignore the premise that people choose to use a ringtone becuase they want to, which you admit yourself is the reason you use them, whereas before ringtones were cool, vibrate was a genuine alternative. If there were no ringtones some people would forget to turn they're phones off, but most would default to vibrate as it is more useful.

      plurvert

    8. Re:I don't have a ringtone to be cool by Anonymous Coward · · Score: 0

      I'm really glad that you won't mind when I sit behind you at the theater, yelling at my friends across the room on a megaphone, because that will entertain me greatly.

      Some of us have to work hard at obnoxiousness, to others it comes naturally.

  100. Animal Crossing by 10101001+10101001 · · Score: 1

    Being an avid Animal Crossing fan, I might as well make the joke. I hope the RIAA is getting fees from Nintendo, since the tone composer in Animal Crossing can let you make clones of copyrighted songs.

    --
    Eurohacker European paranoia, gun rights, and h
  101. Re:So this is how to share ALL of your MP3's LEGAL by kiddailey · · Score: 1

    So then instead of just downloading the wrong file or song, you'd download 10% of the wrong song, 30 seconds of some porn clip, a goatse.cx image and a chain letter in text form :)

  102. Ringtones are PUBLIC performances in the USA by tepples · · Score: 2, Funny

    When your mobile phone rings, it's often in a "place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered". So if your phone ever rings in a public place, then under U.S. copyright law's definition of "publicly" (17 USC 101), causing your phone to play a copyrighted work whenever a call comes in amounts to performing the work publicly. Copyright law also gives the owner of copyright in a musical work a monopoly on authorizing such public performances (17 USC 106) subject to limitations listed later in the title.

    1. Re:Ringtones are PUBLIC performances in the USA by MP3Chuck · · Score: 1

      They'd better start cracking down on those overly loud car stereos then! ;)

    2. Re:Ringtones are PUBLIC performances in the USA by Carnildo · · Score: 1

      Please do!

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
  103. MIDI ringtones don't involve the RIAA by Animats · · Score: 3, Interesting

    One advantage of MIDI ringtones is that they don't involve the RIAA. You may need BMI/ASCAP clearance, but you're not reproducing a recording, you're generating a performance. That's far cheaper and there's a compulsory license.

  104. I'm curious by TastyWords · · Score: 1

    If you have a song fragment and you use it as your cell's ringtone, it's bad but if you whistle it walking down the street or sing it in a bar (without it playing on a radio, jukebox, etc.) it's okay? For every rule they claim, there are so many exceptions to counter it. No matter what goes on, if someone [and their technology] is capable of reaching "their"[1] assets with a ten-foot pole and the sales aren't what they want the to be (so even if they increase over previous years, that may not be good enough), it's the fault of users?

    This sounds like what Microsoft's logic would be if they had some [full-blown] competition - such in the days of when OS/2 was on par with the version of Windows at that time.

    When|if Microsoft runs into competition (whether it be Linux or some other app-supportable OS), we're seeing what they will say then.

    [1] "their" is obviously not truly their assets, but that of the artist(s) and|or producers and|or other persons who actually contribute to the IP. I think the record|music|entertainment industry has gotten a bit too big for their britches as we know they have little-to-nothing with affecting the quality of the finished product.

  105. This is news how? by iamthetru7h · · Score: 1

    I've been doing it for a year... My P800 plays WAV files or 3GP files. I've been exporting from Quicktime and blue toothing them over since the T68i came out. Anybody with half a brain and a modern cellphone can do this... I guess everybody needs a single utility to accomplish things for them now to make something 'mainstream'.

  106. It's not just their business model by commodoresloat · · Score: 1

    It's their fucking egos. As many bad things as you can say about the BSA, they don't stoop to the level of the RIAA and MPAA. These people can't just let it go because they truly believe you should pay them sixteen dollars every time you listen to "oops I did it again." Part of the problem may be that most of the people making these idiotic decisions are failed artists themselves; they've figured out a business model that allows them to leech off people with talent, and they've convinced themselves they really deserve such a big piece of the pie. But many real artists feel the same way too unfortunately. Either way, it isn't just money. They've wasted a ton of money on this crusade, and even though the crusade is allowing them to extort millions, it probably would have been much wiser to invest their money in discovering new ways to do business in the internet age. It's clear the crusade itself is more than just about lost profits or lost opportunities -- their inflated sense of self-importance is at stake.

  107. fair use 10%? 10% * 10 is the whole! by speculatrix · · Score: 2, Funny
    given that most modern pop trash music has only one catch line and repeats endlessly, then they are so self-same similar that if you "steal" 10% you've got the whole song anyway... so you could argue that record 10% is the same as recording 100%, which is thus not fair use!

    If you do only take 10% of the song, then perhaps you should only pay 10% of the cost of a single?

    Anyway, so much of pop music samples short parts, robs bits of older tracks or is just a plain remix, then who's actually losing out?

    Has anyone patented the business model of the RIAA (sue teenagers into submission claiming theft of IP, but don't actually pay all the artists what they are owed)? 'Cos it'd be a very valuable patent - more so than Amazon's half-click one!

  108. Where's the ripping capability? by michaelmalak · · Score: 1
    From what I could tell Xingtone doesn't have built-in ripping capability. So much for convenience. And so much for purported legal use -- and the only reason I can say this is because from what I understand the legal pay-per-download sites don't give you raw manipulable data. If the record companies and pay-per-download enterprises would just provide raw data, cell phone users wouldn't need to turn to illegal sources.

    Of course, by holding out on pay-per-download for so long (to the extent that Congress was considering forcing the RIAA's hand), the RIAA has created so much bad blood that it'll take at least a generation (20 years) to work its way it, if it ever does.

  109. Thats cos no one here can see ne point to 3G by modge · · Score: 1

    I mean really? vidio on a screen that small? what is the point? you can't watch porn on the tube any way besides which you'd get ur phone nicked if it was a 3g job).

    --
    I am a sig
  110. BLEH by dvNull · · Score: 1

    At this rate, you will probably have to pay license fees to even hum a tune.

  111. Mu by pjt33 · · Score: 1

    I don't carry my phone in my trouser pocket. It's in my coat, which is loose-fitting. When I used to have the phone on vibrate only, I missed about 70% of calls.

    1. Re:Mu by djplurvert · · Score: 1

      So what. You have the right to be annoying because you don't want to carry your cell phone in your trowser pocket. Solve your problem without creating problems for others.

    2. Re:Mu by Anonymous Coward · · Score: 0

      And then you break your phone when you sit down because it's in just the wrong place.

    3. Re:Mu by pjt33 · · Score: 1

      No, actually I break it when it falls out while I'm cycling to work, but the net effect is the same.

    4. Re:Mu by djplurvert · · Score: 1

      Look if you're sitting on your phone you should definately try vibrate.

  112. I'm a little confused about fair use... by ThePatrioticFuck · · Score: 1

    Does this mean I have to get rid of my 18 minute In-A-Gadda-Da-Vida ring tone? :)

  113. I don't see the difference by Code+Dark · · Score: 0

    I honestly don't see how this makes such a huge difference- most mobile phone providers (Verizon, Cingular, AT&T Wireless, TMobile) have free downloadable ringtones- the annoyance is already here! The *real* cool cell phone ring tone is one my friend has- the classic female computer voice sings his name... "Josh, Josh... Joosshhh". It's pretty cool :) - CD

    --
    - Code Dark
  114. The fear is... by sanctimonius+hypocrt · · Score: 2, Funny

    The fear is that people will make 30 second long ringtones out of popular songs.

    I fear that too...


  115. Fair use is not evil by jandrese · · Score: 2, Interesting
    The fear is that people will make 30 second long ringtones out of popular songs, thus compounding the file-sharing problem while robbing the music industry of a new source of revenue. Many users find the technology quite cool. IANAL, but current copyright guidelines seem to permit fair use of "Up to 10% of a body of sound recording, but no more than 30 seconds". All of which should make for an interesting legal debate. I can hear the gnashing of teeth already."
    Again we hear the record executives cry out "Damn you fair use!" I'm sure they'll try to pass some legislation that further erodes the concept of fair use so they can make a few extra bucks. Maybe this time they'll just repeal fair use entirely since it is apparently just a tool of piracy (people copy the music without paying for it, that's theft!).
    --

    I read the internet for the articles.
  116. The good the bug and the ugly by Anonymous Coward · · Score: 0

    There are good bugs and there are bad bugs. In my books this is a angel sent to correct users system configuration!

  117. Damn! by zushiba · · Score: 1

    I would love to see nothing more than every record lable in the country go belly up. But I SERIOUSLY doubt it will be because of ring tones. It's getting to the point that no one can inovate in an area that has anything to do with music without the music companies wanting their cut as if they earned it. And even IF they are given their (un)fair cut they always seem to want more and use their $billions to get it using legal trickery that the small guys can't match. What have we learned from this? Do not invent, or take your inventions to another country because in America if you don't have enough money to take on the big guys, you get ripped out of your invention or worse, jail time.

  118. Ease of getting them / odd comments by Animaether · · Score: 1

    This is cool and all - saves having to punch in the tones yourself in the phone's built-in ringtone editor (if it has one). But...

    Ease of use still dictates that a user will dial in to their provider and browse their vast library of ringtones, and pay the $0.10/0.50/1.00/whatever to get it, and have it installed - rather than having to wait to get home, hook up their phone to the computer, get the song, convert it, send it up to the phone, install it.

    Of course the RIAA (and global equivalents) and phone companies (they get a cut, ya know) will try to fight anything that will cut into their revenuestream, but it's not like the ringtone industry will all of a sudden collapse.

    -----

    On a different note.. what's up with some of the comments here.

    In a nutshell, it is claimed that pop music is, by default, crap. It is an evil that should be eradicated from the face of the Earth. People who listen to it are sheep (whoa, ph34r the religion analogies!) who have no taste in music.

    Then, in most of these comments, posters go on to claim that the RIAA is evil for charging for this pop music in every which way the RIAA can find.

    Now what am I supposed to glean from this ?
    "I hate pop music, but I also hate being charged for it when I get it" ? Hypocracy - works for me.

    You'd think all these users would be happy that the RIAA and so forth charge premium for pop music. After all, if people get sick of paying through the nose for pop music, maybe they will move to the not-so-mainstream music that is heralded as aural bliss by these same users.

    Oh, but.. then THAT music would probably increase in price (or their performers get signed up with the RIAA/other organisation, etc..)... and they, too, would have to pay premium for the "actually good" music.
    Is that it ? Is it a fear that maybe the masses will flock to what they believe is their personal niche market that sets them apart from the sheep - in essence making *them* sheep ?

    I'm just so confused when I read such posts.

    I also love paraphrasing the movie Contact. (Hey, who doesn't?) In it the allegation was made that a scientist who didn't believe in God must therefore believe that 95% of the population must be suffering of some sort of mass delusion.
    One could pose the same for pop music. If you say it sucks (not *think* it sucks, but claim as a fact that it does), then you must believe that N% (where N is much higher than 50, but I have no exact figure) is suffering from mass delusion.
    And perhaps they would be right - perhaps those who listen to pop music have been 'conditioned' into liking it. But a good portion may simply just actually like (some of the) pop music out there. Just as a good portion of religious believers are devout believers, rather than just going along with the flow.

    Just my 2cts. And yes, I do listen to pop music regularly along with obscure artists. The music world is not as black and white as some posters here may wish it was.

  119. If the Industry is actually serious about this... by SB5 · · Score: 2, Interesting

    If the Industry is actually serious about this... then we need to treat them the way we treat other people that act insane and admit them to the psych ward for evaluation. If they continue on this path, the next thing they will want is royalities from you for humming the song or singing along during a concert.

    --
    If what you are reading sounds funny, or sarcastic, lame, or stupid
    it is because it is supposed to be. just laugh
  120. Re:Cry me a river. by kalidasa · · Score: 1

    Unpopular? Maybe. Inferior? Sorry, Bill, but even your own engineers don't believe that, no matter how much Kool-Aid you put out for them at the MS company picnics.

  121. "Easy" way to turn protected music into a ringtone by Anonymous Coward · · Score: 0

    >don't give you raw manipulable data. If the >record companies and pay-per-download >enterprises would just provide raw data, cell phone users wouldn't need to turn to illegal sources.

    Why not just record to a casette deck hooked up
    to the sound card, (Hell, a desk tape recorder
    will suffice), re record from the deck
    to a *.WAV or *.MP3 file, and just work from
    there? High fidelity isn't even an issue for ring
    tones, scince the speakers in these phones
    are crap anyway.

  122. Whats the point of musical ring tones? by rossdee · · Score: 1

    So what is the point of musical ringtones anyway. I believe it may have originally started as a way to have different ring sounds for different people, but got way out of hand. Since it is useful to have different ringtones if you are in a group of people (so you know its your phone ringing nd not one of the others at the table in the restaurant) a good answer would be by default have the phone say the name of the owner of the phone. "Jane Johnson you have a text message" or "John Jacob Jingleheimer-Schmidt you have a phone call" That way it would be obvious whose phone is ringing (and who to beat up if its somewhere innapropriate for cellphones, like a theatre)

    As an extra option it could state who was calling (if the number is on the list of contacts) but this would probably be off by default, as it could be embarrising sometimes...

    Hmmm maybe I should apply for a patent for this idea.

  123. No cheese with that whine by Flower · · Score: 1

    You've obviously constipated yourself.

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  124. Copyright by yar · · Score: 1

    The guidelines quoted are intended as guidelines for students who wish to use copyrighted material, so doesn't quite apply. The guidelines also mention that non-educational use should get permission before using. The problem is that the ones who use the material can still be sued. Those
    sued can claim fair use, but it is up to the courts to decide if it is fair use or not. Fair use is often described as an affirmative defense. I think it shold be a right, but a lot of people don't treat it that way, which is why we have non fair use friendly copyright protection schemes.
    There are no hard and fast percentage/amount rules about what constitutes fair use. I honestly can't say if this is fair use or not. I'm betting that the litigious companies won't share that view. ^_^ They'll have similar problems as they have with P2P, but I think we'll see something happening there.

  125. Hmm by Zareste · · Score: 1

    Another opportunity for corporations to surround you with their mindless noise and - oh gee - they're infuriated. Unless somebody plays ringtones into a concert microphone and says it's his song, these idiots have nothing to risk an ulcer over.

    --
    I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
  126. Hey by pommiekiwifruit · · Score: 1

    I have a T610. It takes one second to start ringing and 29 seconds for it to climb to over 30 decibels and be audible to human hearing, at which time it instantly switches to voicemail. Argh!

  127. Oxygen by pommiekiwifruit · · Score: 1

    That's why I only breathe LiquiVent instead of that "air" stuff you common people breathe...

  128. Re:So this is how to share ALL of your MP3's LEGAL by Anonymous Coward · · Score: 0

    Or perhaps have a computer automatically divide the file into "packets"?

  129. Once again by pommiekiwifruit · · Score: 2, Informative
    The slashdot timewarp strikes again... what you're describing has been happening for years in Europe, it's a huge revenue earner for the record companies.

    Surely the point is that now we can compose our own music and download that, instead of the current pop and classical tunes which are advertised for download in every newspaper and magazine on premium rate numbers and have been for years.

  130. Cool application for searching by Stunning+Tard · · Score: 1

    You could use this to index all your songs. Then you hum/whistle/sing/fart a part of the song which gets converted to the same file format and you start comparing it to all the songs in the library looking for a close match. You could use as a method of searching a p2p network (or ligitimate site) for a song you want but don't know the name/artist of. Or use it to switch to a song already in your playlist. I suppose some of the tone-deaf out there wouldn't have much luck with it. If this utility can make a midi-like (sorry didn't read the article) file from a song

  131. Re:Composing ring tones by Anonymous Coward · · Score: 0

    How is pointing out that composing your own ring tones would be cool a troll?

    Maybe you don't think it's cool, but I do.

  132. Just my $0.029 by Anonymous Coward · · Score: 0

    I set my cell phone to a Generic Ring, and to the maximum volume setting.

  133. Re:We don't protect business models from other one by DonGar · · Score: 1

    How much of that is in the US? My understanding is that they were a big suprise money maker for 3G phones when they were first introduced. However, as 3G phones have slowly started to make their delayed entrance into the US market everyone was licking their chops over the ringtones and other forms of easy money, but have been disappointed to learn that only games have done well.

    The wired article says 40 BILLION for text messaging world wide. Another feature which is also not as big of a hit in the US. I know I'd use it more if I wasn't stuck with a pay-to-use plan.

    --
    plus-good, double-plus-good
  134. Re:So this is how to share ALL of your MP3's LEGAL by Anonymous Coward · · Score: 0
    1. slice your songs into 10 equally sized chunks (10% each)
    2. name them original_song_title.mp3.X where X = (0-9 corresponding to the chunk that it is).
    3. Have each smaller file shared on P2P network.
    4. Laugh at the RIAA
    5. Profi--oh, never mind.
  135. This should be included in the cost of the album.. by mvdw · · Score: 1

    I've said it before, but if the record industry wants to stop piracy, they have to start "adding value" to CDs. One of the ways to so this is to include a once-only download code for a ringtone from the album. Shouldn't cost much to implement, and makes buying the album "worth it" to those who might have otherwise pirated it (can we spell "teenager"?). Make the ownership of the actual album a status symbol to that demographic, and they will spend the money.

  136. "Oh good, I really like this song" by JudgeFurious · · Score: 1

    Actually happened to me the other day. I was walking from one of our buildings to another location (our offices are in downtown Houston) and some guy pulls up to a stoplight near me with windows down. A second later I'm hearing Rush's "Spirit of Radio" at what must have been better than a hundred decibles.

    Have to admit though it was a first for me. Never once heard anyone blasting anything I liked before.

    --
    Appended to the end of comments you post. 120 chars.
    1. Re:"Oh good, I really like this song" by Anonymous Coward · · Score: 0

      I don't have a particularly impressive car or stereo, but when summertime comes I feel compelled to wind the windows down, turn the stereo up as load as it'll go and educate people to the delight that is Marlena Shaw's "California Soul". Does that make me bad?

  137. Re:We don't protect business models from other one by Anonymous Coward · · Score: 0

    I'm not suggesting that makes an ounce of sense, but it's certainly not chump change here.

    Sure it is, who else would buy them? It's just a metric buttload of chump change.

  138. Your question answered - see my sig by Bill_Mische · · Score: 1

    'nuff said

    --
    Boring Old Fart (40, married, 3 kids...er no...make that 49, married, 3 grown up kids...it's been a long time)
  139. I'm sure these guys.. by Auriam · · Score: 1
    would have something to say about the new even-more-annoying ringtones..

    "Kill mobile phones.. KILL MOBILE PHONES!"

    Gotta love those phone costumes, too..

  140. F*** Oxygen. The money is in... by AKAJack · · Score: 1

    ...nitrogen! I'm almost on the brink of patenting nitrogen. I've got a little "prior art" problem, but my IP lawyers (they work for SCO too) say that's just a technicality and with the licensing fees I'll be get by suing end users with little or no cash will make the PanIP guys look like schoolchildren.

    I may go to hell for this, but I bet even money they turn me back at the gates!

  141. Xingtone workaround by Anonymous Coward · · Score: 0

    Xingtone.com has made finding your lost registration key pretty easy
    Go to Xingtone.com and find "Lost Your Serial Number?
    If you need to retrieve your serial number for full use of Xingtone, you can do so HERE."

    Xingtone will display the user key if you type in your phone number.
    a few quick tries and i found a full license for 1111111111
    Opened the program and registered, i can now convert full songs.
    Well you can't send the ringtone to 1111111111 of course.
    So another little workaround:

    After converting the song and BEFORE pressing upload, open up the settings option again
    and change the number to your cell #. Press save and the song is still open in Xingtone.
    Press upload and the ringtone sends to your phone.

    Change cell # back and repeat.

    Try it quick! they may fix it soon!

    1. Re:Xingtone workaround by Anonymous Coward · · Score: 0

      ha nothing like keeping your number secure. I can't wait until people start sending songs to other peoples phones