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 ( ยง8 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 *********************************************************************** To unsubscribe, send an e-mail to [email protected] with unsubscribe or-talk in the body. http://archives.seul.org/or/talk/
