Nintendo, in all their cynicism, have managed to keep their old games protected by releasing ports for the GBA. Frankly, I'm sick of having old SNES and NES games being sold on the GBA for £20-£30 but it saves them time from developing new ideas. I have a lot of respect for Nintendo, but they do treat the GBA like trash.
In my mind I've justified downloading old ROMS. Many 16bit and earlier generation games are very hard to find now, so I'm quite happy to download old games. Downloading new games I feel is wrong, but I do download a few GBA games - if they hold my interest I buy them.
I hate the idea of ringtone peddling - it's one of the laziest and irritating (crazy frog adverts) services there is. Most of them are made from public domain MIDIs that musicians (barely, some of them) kindly put on the net for free.