Re: tor exit-node abused, takedown by ISP,

[Arian Sanusi <arian@xxxxxxxxx>]

Hi guys,

draft of an email I intend to write to the DMCA-takedown sender (if you
do not advise me of any better possibility the next 30 mins or so).

> Dear Ladies and Gentlemen,
>
> I am the operator of the server that was reachable under the IP
> 188.40.178.66 that was accused for copyright infringements of material
> which owner you represent. As you may noticed, there was a Tor exit
> node running on this computer by the time you noticed the
> infringement. The infringement in question came from the tor network.
> With participating in the Onion Router, both my ISP netcup.de and the
> server behind the IP in question were acting as conduit. For this
> situation, both german law ( §8 Telemediengesetz ) and US law (DMCA
> 512). The "notice and takedown" provisions do not apply in this
> scenario, instead the "conduit" safe harbor scenario applies as of
> DMCA 512(a) that has different and less burdensome requirements, as
> the D.C. Circuit Court of Appeals held in RIAA v. Verizon (see
> http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf)
> and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
> (see http://www.eff.org/IP/P2P/Charter/033802P.pdf).
>
> Since the routing of traffic in the Onion Router is anonymous, I am
> unable to provide you with Information about the individual possibly
> beeing accountable for the infringement in question.
>
>
> Regards,
>
> Arian Sanusi
yours, Arian

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