Key Information:

• Judge Denise Cote pointed out carriers have no control over when ringtones are played and earn no revenue. Public performance usually means in a public space with a "substantial number" of people.
• Mobile carriers are only responsible for transmitting the song to the phone, which isn't a performance itself. There's no expectation of profit for carriers or customers when a phone rings.

Important Details:

• ASCAP sued certain mobile carriers earlier this year for not paying royalties each time a customer's ringtone is played despite carriers already paying for download rights.
• Some ringtone providers paid for performance rights earlier but not all due to a court decision involving AOL.
• The Electronic Frontier Foundation and others argued ASCAP's complaint ignored legal code areas, comparing it to demanding radio royalties with car windows down.
• The court's ruling was applauded by the EFF, Public Knowledge, and the Center for Democracy & Technology as it expands on the AOL ruling and protects similar activities.