""This is an outlandish argument from ASCAP," said EFF Senior
Intellectual Property Attorney Fred von Lohmann. "Are the millions
of people who have bought ringtones breaking the law if they forget
to silence their phones in a restaurant? Under this reasoning from
ASCAP, it would be a copyright violation for you to play your car
radio with the window down!"
"ASCAP has responded by saying that it does not plan to charge
mobile phone users, just mobile phone service providers. But if
ASCAP prevails, consumers could find themselves targeted by other
copyright owners for "public performances." Worse, these
wrongheaded legal claims cast a shadow over innovators who are
building gadgets that help consumers get the most from their
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