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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."

39 of 380 comments (clear)

  1. 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!

  2. 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 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
  3. 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.

  4. 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 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.

  5. 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..

  6. 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 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.
  7. 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.

  8. 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

  9. 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.

  10. 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 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.

  11. 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 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
  12. 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!

  13. 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

  14. 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 .*)

  15. 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.

  16. 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 ----
  17. 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.
  18. 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

  19. 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

  20. 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...

  21. 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?
  22. 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.

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

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

  24. 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.

  25. 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/
  26. 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.

  27. 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()?
  28. 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.
  29. 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