Re: copyright abuse through tor

[Scott Bennett <bennett@xxxxxxxxxx>]

     On Sun, 02 Aug 2009 20:27:21 +0200 Jirka Svoboda <rust7@xxxxxxxxx>
wrote:
>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:
>
>quote
>
>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.
>
>/quote

     This is very interesting.  I wonder what constitutes "an information
society" and "an information society service" in the legal senses used above.
>
>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 
>legal systems.
>
>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 
>dissidents ;)
>
     Unless one also lives under a government that dislikes dissent and
dissidents, of course. :-)  China and Iran are, unfortunately, not the
only ones.


                                  Scott Bennett, Comm. ASMELG, CFIAG
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