Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints

[scar <scar@xxxxxxxxxx>]

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well, i think i have good news.  although the rep from EFF said that my
internet agreement "could be construed to at least cause [me] problems
with retaining [my] service, if not to win a lawsuit against [me]" i
decided to respond to Qwest's response with the following:
- ---
I have carefully read the information you've provided and am glad to
hear you take DMCA complaints seriously.  You will be pleased to know,
then, that you are under no liability nor obligation to terminate my
internet service simply for receiving such notices.  Please continue to
read the information I have provided herein which is based on factual
records written by lawyers experienced in this area.

<insert EFF legal letter[1]>

<a small personal note about switching ISP's to one more concerned about
human rights and how Tor helps oppressed peoples in China and Iran>
- ---

Qwest responds simply with:
- ---
I understand your response and am familiar with the tor software you are
using.  Here is a list of the fiels that have been documented as
downloaded/uploaded from your conenction which cuased the service to be
suspended
 <list of the Bittorrent files previously mentioned>

- ---

then i respond with (taking into account some of grarpamp's suggestions):
- ---
Thanks.  I will reiterate that I am not hosting or making available the
claimed infringing materials and that you are already protected by the
DMCA's safe harbor from any liability arising from such complaints.

I have also relayed the same response directly to the complainants.
Should any further complaints arrive you may forward them to me to
directly process them.  As the result of this, I expect the complainant
to withdraw said complaints from you (the ISP) in a timely fashion and
without interruption to my internet service.
- ---

and Qwest responds with:
- ---
I have noted your account accordingly
- ---

so.... i kind of get the feeling of victory but don't want to take
advantage of it by using the default exit policy just yet.  i'm going to
just try the 'reduced exit policy' for a while


1. https://www.torproject.org/eff/tor-dmca-response.html
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