Think that ASCAP is giving up the fight after a decisive loss against Verizon Wireless and AT&T Mobility?  Despite a summary judgment on Wednesday that ruled that ringtones cannot be qualified as public performances, ASCAP seemed far from defeated on Thursday.  “While ASCAP is disappointed with the ringtones summary judgment issued yesterday by the US District Court, this … is about much more than just ringtones,” an ASCAP spokesperson told Digital Music News.  “We have always pursued fair payment for individual music creators whose creative works are used to build the businesses of others and that effort will certainly continue.”

The 34-page judgment was squarely focused on ringtones, and no other formats.  Still, ASCAP sounds like a company battling to extract performance royalties from a number of formats – through legal or legislative channels.  That aggressive effort comes at a cost; after all, companies are dragged into financial and resource drains, all for some long-shot royalty interpretations.

Meanwhile, the Electronic Frontier Foundation (EFF) wholeheartedly agreed with the decision.  “The ruling is an important victory for consumers, making it clear that playing music in public, when done without any commercial purpose, does not infringe copyright,” blogged EFF attorney Fred von Lohmann.

Sounds ridiculous, but Lohmann noted that the ruling extends to simple uses like playing music with the windows rolled down, or singing ‘Happy Birthday’ in a crowded restaurant. 

And the carriers?  Of course, they loved the decision.  “We’re gratified that the court agreed that neither AT&T nor its customers are liable for performance rights infringement when a ringtone is sold or played,” an AT&T representative told Digital Music News.