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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."

35 of 380 comments (clear)

  1. 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 linzeal · · Score: 4, Insightful

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

    4. 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.
  2. 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.

  3. 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 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.

    2. 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.

    3. 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.

    4. 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.

  4. 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 Greger47 · · Score: 2, Insightful
      And don't forget Joe Averages faceless pension fund! Then need every cent they can get...

      /greger

  5. 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.

  6. 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 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

    2. 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?
  7. 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

  8. 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...

  9. 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 ----
  10. 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.
  11. 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.

  12. 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--
  13. 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.

  14. 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.

  15. 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.

  16. 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

  17. 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.

  18. 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!

  19. 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
  20. Barnum was right. by sulli · · Score: 2, Insightful

    There is a sucker born every minute.

    --

    sulli
    RTFJ.
  21. 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.

  22. 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.

  23. 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.
  24. 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.