EZTree Shuts Down 497
John3 writes "Easytree.org, a popular Bittorrent tracking site also known as EZT, shut down today after their ISP received threatening letters from attorneys. Unlike sites like Lokitorrent that have been shut down in the past, torrents on EasyTree were usually unreleased live musical performances rather than commercial product. Is a site that shares old Stevie Nicks, Frank Sinatra, and Ian Hunter live shows really that much of a threat to the music industry?"
Yes? (Score:5, Funny)
Re:Yes? (Score:2)
Close to 35 million. But remember not every one can sing and dance. Some will insist that they can and grab the mike. Just take a swing at them and you'll do the rest of the world a great favor
Re:Yes? - Follow the Money (Score:2)
Hey, they're the ones with the money. Of course the pigopolists want to corral them in.
Yes (Score:4, Insightful)
Yes. History has shown that if you give people an inch, they go the whole way. If they want to be successful (both image-wise AND legal) they need to pursue ALL cases of piracy.....even if it's older bootlegs.
Re:Yes (Score:5, Insightful)
Re:Yes (Score:2, Insightful)
bootlegs are also generally illegal.
Misinformation (Score:5, Insightful)
This is an oxymoron. "Intellectual" property cannot be stolen, by definition. Only physical property can be stolen. IP can be copied, infringed, abused, improperly used, or devalued, but without actual removal or destruction of the original, no "theft" exists.
You(pl) cannot recreate the definition of stealing to make copyright infringment sound more destructive or immoral. I won't let you.
EZTree certainly committed a crime.
I wouldn't be so sure of this if I were you. IIRC, the legality of bittorrent (among other P2P applications) is being contested in the Supreme Court right now. AFAICT, there is no evidence that EZTree was even seeding the torrents - in which case, they were not even infringing on anyone's copyright - they were simply contributing to infringement, which may or may not be considered a crime (in the U.S., which is where I presume EZT is located) based on the court's decision.
Oh -- and never confuse legality with morality or illegality with immorality. The two concepts are, at best, weakly related.
Oh, how true. It's a knife that cuts both ways - some moral things are illegal, and some legal things are immoral.
Re:Misinformation (Score:4, Interesting)
How about a reference then?
Re:Misinformation (Score:3, Interesting)
Re:Yes (Score:5, Funny)
Downloading doesn't give me the same warm, fuzzy feeling running over babies with a lawnmower does.
Re:Yes (Score:5, Informative)
Firstly "pirates" are guys with missing body parts and parrots on their shoulders, and secondly, copyright infringement is not criminal unless it's done for profit.
Re:Yes (Score:3, Interesting)
Firstly, people who unauthorizedly reproduce works created by other people have been called pirates since the late 17th century, well before copyright law even existed (but during the golden age of the arr matey kind of piracy).
Secondly, while willful infringement for financial gain (which is defined very very broadly) is criminal, so is "the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted
Re:deosn't matter (Score:3, Interesting)
Yes I can.
1) It's arguably not creative, and therefore not copyrightable.
2) It's arguably not a work of authorship, and therefore not copyrightable.
3) It's not fixed in a tangible medium, and therefore not copyrightable. (Unless 1101 applies, which is dubious with regards to facts and the law)
4) Implicit permission is fine even if some form of permission must be had.
Re:Reality says "hi, long time no see" (Score:3, Interesting)
Re:Yes (Score:5, Insightful)
The things that led to the downfall of EZT was the availability of recordings of artists that do not allow taping and the fact that these recordings keep showing up on ebay.
Are old live recordings of Sinatra a threat to the industry? Hell yes. Have you heard the crap they pass off as music these days?
Permitted live recordings... (Score:2)
Scary thing is that I've lived in the Burlington, Vt. area over 25 years, and only ever heard Phish once or twice on the radio. I did like what I heard, though it was a bit too late, and I have liked DSotM ever since it came out. I'd like to hear the Phish rendition.
Re:Permitted live recordings... (Score:4, Informative)
Phish, Dead, String Cheese Incident and others [nugs.net]
Live Music Archive @ Archive.org [archive.org]
These are amazing sites to get that show/song you are looking for, from bands who lived and survived by allowing their fans to tape and trade their shows.
Free thought is a challenge to authority! (Score:5, Funny)
Re:Free thought is a challenge to authority! (Score:3, Insightful)
Hey, Mr McCarthy, haven't you heard - Communism isn't being used as the big scary thing anymore. What you should say now is something about FOSS being "TERRORIST".
Okay, but... (Score:3, Interesting)
Re:Okay, but... (Score:5, Informative)
Re:Okay, but... (Score:2)
Re:Yes (Score:2)
Re:Yes (Score:5, Insightful)
Is a site that shares old Stevie Nicks, Frank Sinatra, and Ian Hunter live shows really that much of a threat to the music industry?
Only if the Music Industry is releasing similar product (and they're not, by and large.) It's not like folks who are into these files are not buying the studio releases.
I have a friend who is queer for U2. He has just about everything they've ever released. Now, U2 may not think it's worth it to release CDs of every show on, say, their Zooropa tour. Now, how are they (U2) being hurt when my friend amasses a bootleg collection? He's already bought everything they're selling. If they missed an opportunity for a sale (by not selling recordings of every single one of their shows) it's their fault.
Re:Yes (Score:2, Interesting)
No.
You can argue that the law is wrong with regard to music, but you can't say just because they didn't release a recording when it was convenient to you that you have the right to steal it.
Re:Yes (Score:5, Insightful)
Re:Yes (Score:2)
Is that the same inch that was given with VCRs? Cassette tapes? P/DVRs? How about CDRs and CDRWs, DVD-R/RWs...
Are we getting close here? History has shown the exact OPPOSITE of what you suggest. And for every one of these telling tales, the industry has made more money.
Re:Yes (Score:5, Insightful)
It's not closing Napster which helped the record industry (which many independent agencies determined HELPED the record industry sales) but about providing viable alternatives. Why is P2P slowing? Because of iTunes, Rhapsody, Napster 2.0, etc. etc.
Re:Yes (Score:2)
Many artists don't just "not mind" but actually encourage live recordings be spread. Much as I detest the way they handled the whole napster thing, Metallica is one of those artists that made its name that way.
There is lots of great stuff on bt.etree.org and as far as I know it's all trade friendly artists. I ca
live performances vs. commercial product (Score:2)
Or are live performances automatically free of copyright?
Re:live performances vs. commercial product (Score:4, Insightful)
I would think that the record company does hold some rights to the live performances.
Sucks, but, i think thats the way it is.
Re:live performances vs. commercial product (Score:2)
Those were my original suspicions, but since the author made it seem as if somehow we had the right to be distributing such material, I though I was wrong.
So basically we're here to cry because we got (perhaps rightfully) kicked in the nuts.
Re:live performances vs. commercial product (Score:2)
Re:live performances vs. commercial product (Score:5, Informative)
It's contorted, but simply put, because of contracts, the artists typically can't record without the permission of the label they're signed with, and the label owns the rights to that version/instance. Now, unless the label's done a recording of the live performance, you're only in violation of the Performance Rights- at which point, it'd be up to the artist(s) to defend their rights.
I'd love to know who actually sent the notice- if it was RIAA, they'd better have standing for dealing with that sort of infringement (i.e. They and their legal counsel can't be threating lawsuits unless they own an agreed upon recording of the concert.). I would dearly love to have someone hand them their kiesters over their overzealous "protection" of the labels' rights.
Re:live performances vs. commercial product (Score:2)
For the most part people don't even care to listen to the news of hundreds of thousands of identities being stolen, I doubt they will care much on the legality of shutting down a server they understand nothing about.
Once again, it seems that people in the trench have to bend over and take it...
Re:live performances vs. commercial product (Score:3, Insightful)
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Dis
Re:live performances vs. commercial product (Score:2)
Copyrights are start when a creative work is fixed in a tangable medium. The person who fixes the work in the medium owns the copyright. So, the bootlegger owns the copyright to the recordings they make at a live performance.
Now, there are often also copyrights on the lyrics and music and the owner of those copyrights can control the public performance of those works. So, while the bootlegger of a live performance may own the copyrights on the
Re:live performances vs. commercial product (Score:2)
I know this is kind of nit-picky, but this wouldn't be a derivative work -- rather, ir would be a new copyright in the sound recording. Sound recordings are copyrights seperate from the copyright in the underlying musical work -- i.e., the song itself.
But you are right -- in this case, although the bootlegger owns a copyright in the sound recording, he cann
that much of a threat to the music industry? (Score:5, Insightful)
No! They're not a threat at all. You see, all it takes is a letter from someone claiming to be a lawyer and they are shutdown. Easy Peasy.
Re:that much of a threat to the music industry? (Score:2)
And how would you know that...wait are you a litigation lawyer?
Naked Emperors (Score:5, Insightful)
Of course. The threat is one of control. The RIAA is a music cartel who's entire business model exists around the premise of being the best way for aspiring artists to get their music out to the masses and make some money while doing so. This business model requires the perception that they control the market to the largest extent possible. Every nick in their armor is one more chance someone else might realize that the Internet has blown the doors off content distribution business models.
Re:Naked Emperors (Score:2, Insightful)
Re:Naked Emperors (Score:2, Informative)
Uhm... (Score:2)
Not excatly (Score:2)
Re:Naked Emperors (Score:2)
Re:Naked Emperors (Score:2)
I think the Napster debacle pretty much proved that the RIAA is at best obsolete, and at worst, obstructionist. Anyone in the music industry who hasn't figured out that out by now either never will or is living in a state of denial.
Yes (Score:5, Insightful)
Anything that provides quality product free of charge is going to cut into the sales of overpriced crap. What really scares them is that people may discover there's more to music than k0rn and j-lo.
Re:Yes (Score:2)
Ian Hunter is the weird guy from Jethro Tull right? I'd express amazement that he's still alive, but then it's not as if Sinatra is. (Of course, Winamp is treating me to Is There Something I Should Know by Duran Duran as I write this, so my musical pontification should probably be taken with a grain of salt.)
Re:Yes (Score:2, Informative)
That would be Ian Anderson, who is quite alive and still cranking out rock and roll (and sadly, trolling the liberals).
Ian Hunter is the even wierder guy from Mott the Hoople, last seen touring with Ringo's All-Stars
Re:Yes (Score:2)
Of course it was a threat. (Score:4, Interesting)
Re:Of course it was a threat. (Score:3, Insightful)
A threat??? (Score:3, Interesting)
Re:A threat??? (Score:5, Insightful)
It's completely legal (Score:2, Interesting)
Doesn't really matter does it? (Score:2)
The people suing may not even have stading in the case (the record companies ususally don't have the rights to live shows anyway). But that doesn't matter if you don't have the megabucks needed to fight in court.
A threat? (Score:5, Insightful)
Even if it's a different performance and is only availible through bootleg channels (I.E. Grateful Dead), they are scared to death a fan might "get their fix" and not buy a boxed set.
Ridiculous.
Why am I the last to hear? (Score:5, Funny)
Re:Why am I the last to hear? (Score:5, Informative)
etree.org is like EZtree, except that etree is completely legal. Unfortunately because of this, you won't find very many artists, but there are a few big names. Specifically Phish, the Grateful Dead, Primus, Ben Folds, 311, the Spin Doctors, Jack Johnson, and others.
Mod Parent Up (Score:2)
Re:Why am I the last to hear? (Score:4, Funny)
Re:Why am I the last to hear? (Score:3, Informative)
Archive.org's live music section [archive.org]
--Dave
Re:Why am I the last to hear? (Score:2, Informative)
Re:Why am I the last to hear? (Score:2, Informative)
Live Concerts are owned by Label (Score:2, Interesting)
Re:Live Concerts are owned by Label (Score:3, Interesting)
I remember back in the day how dodgey record stores that carried bootleg recordings of concerts were raided by the police, under the same premise that this torrent site was shut down.
(That said, I do wish I could find recordings of several concerts I'd gone to back in the day. I'd pay good money t
Re:Live Concerts are owned by Label (Score:2)
Yes, they are illegal, which is why the poster took pains to say "...unreleased live musical performances..." rather than the better-known term "bootlegs" which is what they really are.
You know most bands used to encourage the recording of their performances for posterity. That includes a large number of the works hosted at EZT. For that matter, some bands still do, just not ones owned by the the big media companies since the copyright on those works is very debatable.
Re:Live Concerts are owned by Label (Score:5, Insightful)
The term "bootleg" usually refers to a recording of a band who does not allow recording (usually called a stealth recording) that is offered up for sale. Tapers hate bootlegs, we tape for our own and others enjoyment, not to make money off someone else's hard work. However sometime some shady individuals get a hold of our recordings and put them up on Ebay. There are entire groups of tapers dedicated to bringing these illegal auctions down.
The record stores that were raided deserved it, but offering up the shows for free to anyone who wants them is ok in my book.
Re:Live Concerts are owned by Label (Score:3, Interesting)
However, not all bands agree to digital distribution of these recordings. The Dave Matthews Band has stated that they do not support digital sharing of their live shows, rather they would like to see the community continue sharing CD's of shows that started before digital music came into the mainstream.
Thi
Re:Live Concerts are owned by Label (Score:2)
Threat is irrevelent. It's about control. (Score:5, Interesting)
A site like this is fine... (Score:5, Insightful)
A great example of what I am talking about is the Greatful Dead. If my recollection of my GD days are clear they basiclly didn't care if you recorded a boot leg of thier concerts. If they were touring today, my guess is that they would be happy to allow this sort of distribution.
Those that don't choose to allow it, whether you like it or not, have the right to defend thier copyrights. If you don't like the fact that a performer decides to enforce thier copyright, don't listen to thier music. Just don't steal thier music and then justify it by saying they are *ssh*les for not giving it to you for free in the first place.
Re:A site like this is fine... (Score:5, Insightful)
Re:A site like this is fine... (Score:2)
if the artists that performed the live show agree to having thier performance made available in this way.
Ahh, but in the case of most of the artists on the site in question they not only allowed but encouraged recording of their shows. Now, however, the RIAA is threatening an ISP for hosting a web site, that has bittorrent files, that index other computers that are hosting copies of these recordings.
Why are artists granted exclusive rights to make copies of anything they produce? Their is a reason you
Re:A site like this is fine... (Score:2)
The real problem (Score:2)
*gags*
If people were only trading and downloading unsigned bands, the outcry from the industry would
Threat? (Score:5, Interesting)
Of course it is. It was said many times, but I'll say it again:
It was never about "lost sales" of current music pwn3d by RIAA members, it was about squashing competition and choice. Execs in the music industry are many things, but they are not stupid, and they are the people with the best access to the numbers showing that free exposure to music increases its sales. It was always about control of the distribution channel. The listener would have a choice other than buying music from them, either by downloading live, unreleased performances, or independent artists.
When you shut the alternatives people have no choice but to buy music from RIAA members.
Robert
Re:Threat? (Score:5, Informative)
BZZT, wrong. Funny enough that are the same mistakes(!) the RIAA makes.
1. Not all music sold is controlled by the RIAA. To (US) americans it might seem like it, but there are actually big countries, even continents outside the United States. Yes, I know this will probably get this post stamped as flamebait, but it's the simple truth, live with it.
2. There is always the alternative to simply not buy. I find it increasingly funny that this case is always forgotten by so-called economists.
What I'd like to see is for more musicians to realize that this whole P2P business is a win-win situation for them - they can give the fans what they want for little to no cost, and they get non-fans to buy their records (what other businesses call try-before-you-buy). The only losing part here is the record company (and even that can be argued), and that is why the RIAA tries to shut down everybody else.
Oh, and of course the old "because we can".
Re:Threat? (Score:3, Insightful)
To be fair... (Score:3, Informative)
To be fair, this site also hosted torrents concerning live shows from a wide variety of artists. From the submitter's offhand comment, this site is portrayed as only hosting older live sets and this is far from the truth. For example, NIN's latest shows (from the currently on going with teeth tour) were bootlegged and releasted on this site.
With that being said, I'm sad to see this site close as its user base was very dedicated to providing high quality live sets from a variety of bands.
Is it a threat, of course (Score:5, Interesting)
Soon, you won't be able to buy a razor to shave with because you "could" break it down and use it as a weapon.
This is how the corporate world works, let something get popular then tear it down even if it's not a "real" threat So long as they are the last choice for where to get the product for a while, thats all they care. How long have CD's been at the same price when we all know that the technology's over all cost is nowhere near what it was 15 years ago?
alot of the music on that site was legal, some not (Score:2, Insightful)
Of course they're no threat (Score:5, Insightful)
This is all about power: corporations have it, the people (nor their democratically-oriented institutions) do not.
In a time when air is sold on the streets of Mexico City, where the WTO is pushing the idea of private ownership of water, this is just another symptom of capitalist greed run amok.
Industry needs to get with it (Score:2)
Shutting down Bittorrent one site at a time (Score:5, Interesting)
It is a true shame that lawyers aren't automatically disbarred when they commit illegal acts. And it is an illegal act to threaten someone with an expensive lawsuit when they haven't broken the law.
Re:Shutting down Bittorrent one site at a time (Score:3, Insightful)
I reply:
Substantially non-infringing uses.
You were speeding once. Should you lose your car?
You stole a package of chewing gum. Is that Grand Theft?
You made a mistake once. Does that make all your actions those of a hardned criminal?
It's not a perfect world. If there is an infriging performance, notify them to remove the tracker. Only if they don't do that quickly enought then might you consider threating a lawsuit. These lawy
Content might be legal according to federal judge (Score:5, Informative)
http://jurist.law.pitt.edu/paperchase/2004/09/ant
Yes yes, mod this post way up. The content according to september's ruling may be actually legal.
How to beat this - a modest suggestion (Score:2)
Then the solution is an alternative method of tracker distribution. One that can't be shut down. Along with someone dedicated to receiving trackers and distributing it in a way other than being sued as the web-site owner.
My modest suggestion:
Usenet.
Unless everyone can agree on one adware-free/spyware-free P2P network to make them available on.
In that case: WinMX.
At least etree is still out there (Score:2)
I'd just like to p
When music is a threat to your business plan.. (Score:2)
Quite probably. History has shown us that if you allow people access to really good music it makes them far less willing to buy what the record industry these days is selling.
History is much less clear on what happens when you allow people access to unreleased Frank Sinatra, Stevie Nicks, and Ian Hunter bootlegs, but they don't dare take that chance, do they?
Guilty (Score:5, Interesting)
I worked on a study determining what impact the TpB would have on an individual's ability to engage in copyright violations. In a small random sample, we had about 350 students. (Much more information then this, just citing some key points) When given the choice between a napster clone and a torrent website in a scenario comparing the two mediums. They preferred the torrent version (they liked being anonymous (as it was perceived). However, when given the requirement that they needed to register with a valid email address, phone number, and place of resident which would be verified less then 18% would use such a service.
Where did we get the "registration model" it has been proposed as a method to reduce the copyright infringement by the RIAA and MPAA to protect their interests. Goes back to the tried and true question many of my intro students point out. "If you have nothing to hide or done nothing wrong, why does it matter if they go and search your house?"
After several classes going over the importance of the 4th Amendment, I inevitably out of frustration come back to It Just Does for those that simply do not get the issue at hand.
It has become a very sad state of affairs when we assume that everyone is guilty and sadly when it comes to anything P2P or torrent related you are assumed guilty.
Absolutely (Score:5, Funny)
Absolutely. These are gateway artists to harder stuff.
It's just a short hop from this music to Toni Tenille, Dean Martin, and Rick Springfield. Think of the children, for God's sake.
The problem with puretna (Score:2, Funny)
Otherwise, yep, it rocks.
Re:Just go offshore? (Score:2)
Re:Just go offshore? (Score:2, Insightful)
Re:Just go offshore? (Score:2)
Re:Last Live Musical Performance... (Score:2)
You're right (Score:2)
Re:Loaded questions and spin (Score:5, Insightful)