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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."

17 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
  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

  3. 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.
  4. 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.

  5. 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
  6. 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!

  7. 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

  8. 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 .*)

  9. 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.

  10. 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.

  11. 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

  12. 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

  13. 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?
  14. 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.

  15. 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.