In a rather ridiculous attempt earlier this year, ASCAP, the royalty collecting arm of the music industry suit AT&T stating that every time a ringtone is played by a mobile phone the user is listening to a performance and thus a royalty payment is due to ASCAP; such is the greed of the music industry.

However, according to an article on mashable, ASCAP’s argument have been given the order of the boot as federal judge Denise Cote ruled a ringtone going off doesn’t constitute a public performance as the carrier has no control when a ringtone plays and any expectation of revenue when the ringtone goes off.

This is basically the music industry showing off their full extent of greediness and totally ludicrous, what next, will ASCAP want royalties from anyone who whistles, hums or sings a song?