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

[Hannah Schroeter <hannah@xxxxxxxxxxxx>]

Hi!

On Sun, Jan 24, 2010 at 02:07:31AM +0100, Arian Sanusi wrote:
>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
                                     ^^^
"may have" or "might have".

Probably rather not, or do you think they actually check for tor exits
before sending out their complaints/notices? (Ok, one thought would be
yes they do and they still send them out in order to scare people away
from running tor nodes.)

>> 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
       ^

This sentence no verb. (I'd suggest "have specific provisions".)

>> 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.
    ^ remove one 'e' here.

Note that for the relationship between you and your server colocation
provider, probably only German domestic law will apply. You should check
the Terms & Conditions (AGB) exactly for the responsibilities you might
assume there *in relation to your provider*, §8 TMG nonwithstanding, for
example. (Of course, the Terms & Conditions might be invalid in part,
especially if it's a "consumer contract" [Verbrauchervertrag], but that
might be difficult legal matter, and I'm not a lawyer, and even if I
were, I would still not be entitled to give you legal advise over a
mailing list.)

Kind regards,

Hannah.
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