It is unlikely that the content in question was ever on your computer at all, because Tor does not transfer UDP packets (used by bittorrent for data) and the default exit policy rejects the common bittorrent ports. The MPAA investigators are likely seeing the Tor users' access to the tracker website which is done via http. However, imo your best legal course in USA is as phobos suggested. I'm in Canada, where the DMCA does not really apply, but my network provider was getting annoyed receiving DMCA notices every day and threatening to cut off my server. The template letter i adapted from Torproject and was sending to the DMCA complainants (cc my network provider) was not enough because it did not stem the tide of notices. I thought about getting a cease-and-desist order against the complainants but i have no idea how (and no money) to go about international legal actions. After looking at several dozen automated DMCA letters, i noticed that all but a few point to tracker websites for ThePirateBay. I decided to add the ip addresses for those tracker websites to my reject list and have not received a DMCA notice for a few weeks now. Although this technically rejects some web (http) traffic, it seems to me just an extension of the exit policy rejecting bittorrent ports because those tracker ip addresses are primarily used for setting up p2p transfers. I'm paying $100 a month in bandwidth fees to facilitate anonymous communication for activists etc - not to subsidize consumption of games and movies. Yes i know p2p can carry all sorts of content; if there is lots of "legitimate" stuff available via ThePirateBay my attitude could change. Feedback on this is welcome. On Sat, Dec 13, 2008 at 05:17:48PM +0100, Nicky van Etten wrote: > The MPAA still has to prove you realy have the content which they claim > you downloaded stored on your computer or any other storage device afaik. > > On Sat, Dec 13, 2008 at 4:34 PM, Matthew McCabe <[1]mateo07@xxxxxxxxxxxx> > wrote: > > Hello- > > Time Warner shut off my connection again last night due to a complaint > from the MPAA. They claim that I downloaded 2 movies and 1 TV show. > This traffic, in fact, must have come through my Tor exit node. > > I explained to the customer service agent that I am running a Tor exit > node and that the traffic must have come through the Tor network. He > said that because this is the 3rd complaint, the MPAA may take me to > court and sue me for $100,000 per violation. He also claimed that > "others in similar situations" have lost in court...whatever that means. > > Here is where I need your help. First, is there a good way to filter > out torrents in my exit policy? > > Second, have any exit node operators in the US had similar complaints > from the MPAA? If so, how did you handle the complaints? > > Lastly, has anyone in the US gone to court as a result of using Tor? If > so, do you have a reference for a good lawyer? At this point, I want to > continue running a Tor exit node but also want to investigate my legal > options if the MPAA takes me to court. > > Thank you for your help! > > -Matt > > -- > Ciphered/Signed email preferred! > GnuPG KeyID: 0x42435F30 > GnuPG DSA2 KeyID: 0x23286031 > > References > > Visible links > 1. mailto:mateo07@xxxxxxxxxxxx
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