Can Vonage be sued for its choice of song?

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I know this is obvious, but is there more annoying music on television right now than the hyper-jolly “woo-hoo, woo-hoo-hoo” theme song from the Vonage commercials? The song is actually called “Woo Hoo.” It’s by a band called the 5678s, which is made up of three Japanese women. (It’s track 11 on the Kill Bill soundtrack.) The song is irritating enough; then it worms its way into your head and sticks there for the rest of the afternoon. I suppose that’s a victory for the advertiser, as it hammers the viewer into submission—something Vonage may do with callers to its service hotline, too. Says a poster on one Vonage message board: “Has anyone else noticed that Vonage’s hold music is constantly fluctuating between inaudibly quiet and blaringly loud? I called last night, and it sounded as if they were feeding the music through an exponential curve … the lows were too low, and the highs were too high. I just hung up after a few minutes ’cause it was so frickin annoying.” At least it’s not the “Woo Hoo” song as well.

—Posted by Tim Nudd