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Re: copyright abuse through tor
In time past I have riceived some infringement notices so I have already
done some research into legal status of proxies.
To my knowledge, the most significant document to this topic is the
Directive of the Council 2000/31/EC "on certain legal aspects of
information society services", which states explicitly in article 12:
1. Where an information society service is provided that consists of the
transmission in a communication network of information provided by a
recipient of the service, or the provision of access to a communication
network, Member States shall ensure that the service provider is not
liable for the information transmitted, on condition that the provider:
(a) does not initiate the transmission;
(b) does not select the receiver of the transmission; and
(c) does not select or modify the information contained in the transmission.
Please note that initiation of transmission is not that your computer
initiated some port, it is a "willful act" of the initiator, i.e. that
someone "presses enter" after writing in the address bar.
Member states should (are obliged?) to follow this directive in their
I live in the Czech Republic and after explaining tor and referencing
this Directive, nobody bothered me any further!
Wishing best luck. Please let us know what is your situation look like.
And dont let yourself get bullied, I'm 99,999% sure you are not liable.
What about free wifis in pubs, libraries etc? Is the librarian a
criminal? It is a nonsense.
Also, dont forget to mention that you do it for Chinese and Iranian
I'm not sure if this belongs to the mailing list, so sorry if this ist
the wrong place to ask.
Today i received a letter from a german lawyer's office due a copyright
abuse regarding a music album, shared via p2p.
I never downloaded such a music album, nor i use any p2p applications. I
think this happens over my tor-node, acting as a exit node.
So my question is: have anyone (in germany) experiences in such a case
to give some advice?
Is it possible to trace back 2 months, whether a tor-node with a
specific ip was online? 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 phoned already with a lawyer from me, on monday i have a appointment,
hope i can do some damage limitation.
and sorry for my poor english!