Is this new ? iTunes can't be used as Ringtones

I note in a new version of iTunes terms and conditions,

Usage

(viii) You may not use The Products as a musical ‘Ringer’  in connection with phone calls

First of all this is fair use, second of all its unenforceable, third of all its a classic example of the record company regouging for every new format of a piece of content you already own.

Music executives should have their eyes taped open while they watch Larry Lessig’s talk on copyright at TED.

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