Re: copyright abuse through tor

["doc.kuehn" <doc.kuehn@xxxxxxxx>]

Robas, Teodor schrieb:
> doc.kuehn wrote:
>> Hello!
>> the idea behind this question is to say to the
>> lawyer 'hey, i was running a tor exit node'. Sure, this is no excuse,
>> but perhaps this helps me to save some money they want from me.
>
> I think *they* will have to prove that that material was downloaded by
> *you* and you have it. That is so because you can defend (excuse)
> yourself anytime with: "somebody else used my wireless connection" or
> "my computer was infected and somebody else used my computer without
> my knowledge or consent".
i found my tor-node in the archives of server descriptors (thanks again
to Andrew Lewmann for the link) on the said day where the lawyers's
office accuses me. i hope this gives me some vantages.
>
> Of course there is a difference between using tor and having a trojan:
> you were knowingly put your connection to somebody else use. But this
> should not incriminate you for the downloaded content in any
> reasonable legal system. And as far as I know (correct me if I am
> wrong) there is no law in EU to restrict giving bandwidth to somebody
> else, even when you do not know that "somebody else".
I don't know the german law well, but there is a law called
'mitstörerhaftung' - accessory liability. this means i'm responsible to
prevent any abuse through my internet connection.
>
> I know there are talks to introduce legal restrictions for providing
> proxy services to unknown persons in the same way as legally
> forbidding the act of borrowing a car to a drunk or unknown or
> incapable of driving person.
the legal position in germany for running any proxy / anonymizer
services is unknown to me.
>
> Until now, it only looks like they might want to make some money by
> scarring or intimidating you. 
in fact, they want a lot of money i don't have, and thats the point that
matters.
> Be strong and do not give up your rights.
>
>
> Teodor
>
i will do my best. imho, it is a hit in the face for every admin running
a tor *exit* node in germany, if they win, although the risks to running
a tor exit node are known.
again sorry for my poor english, hope you understand a bit what i wrote.