Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints
On Mon, Dec 20, 2010 at 12:54 AM, grarpamp grarp...@gmail.com wrote: your residential DSL service is only for the use of your pcs within your home. SCAR: I believe the bottom line here is the DSL is only for the use of ' your ' pc . I never had that issue with DSL, but Cable I did and I had to go to a business account in order to run Tor. Reason was servers are not allowed to run an a residential account. This is also mention in the contract. As with Mike Perry's post, I would also suggests to run a middle node instead of an exit node and see what happens. I suspect you probably won't have any more issues and should resolve QWest problems. I also when I was called about the ' illegal ' stuff going thru my computer, I just asked the ISP what port it was and then blocked the port. Some users have found ways to use other ports that are different than what we would block for exits. To get around that I just blocked those ports. No more problems. I have not had any complaints on DMCA for over a year now. ( fingers crossed ). Hope some of theses posts will help you, Scar. Jonj *** To unsubscribe, send an e-mail to majord...@torproject.org with unsubscribe or-talkin the body. http://archives.seul.org/or/talk/
Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints
-BEGIN PGP SIGNED MESSAGE- Hash: SHA256 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 -BEGIN PGP SIGNATURE- iEYEAREIAAYFAk0QT+IACgkQXhfCJNu98qDujQCfUqAIvGZRMo7dY3dzBy7cfwyR paoAn249eLxI/Jsx7LIymcQOsiIGApx2 =CM3r -END PGP SIGNATURE- *** To unsubscribe, send an e-mail to majord...@torproject.org with unsubscribe or-talkin the body. http://archives.seul.org/or/talk/
Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints
your residential DSL service is only for the use of your pcs within your home. You also are responsible for any harmful or illegal traffic that comes from your DSL modem. When others among you are faced with contracts that state these two things... it may be worthwhile to defer mentioning what you are running and why (as in the former), until you have exausted all attempts to get the ISP to hand off the latter to you. Such as by writing them a note directing them to forward all such requsts to you for direct processing between you and the complainant. And that you expect the complainant to withdraw said complain from ISP in a timely fashion as the result. Then you can take your case up with the complainant and maybe they will listen and dismiss. Yeah, we all know the likelihood of that, but unless you've sent them the Tor boilerplate and specifically requested dismissal, there's no point in doubly jeopardizing youself with your ISP in the very first move. Now the mafia may not dismiss. But say your line was used to hack an edu system or post drivel on some board, etc. Those types may be much more likely to understand in your explanation as Tor as common carrier. And therefore relent. Always read your contract and plan your moves ahead. *** To unsubscribe, send an e-mail to majord...@torproject.org with unsubscribe or-talkin the body. http://archives.seul.org/or/talk/
Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints
On 12/18/2010 10:20 AM, scar wrote: Mike Perry @ 12/17/2010 07:24 PM: See: https://blog.torproject.org/blog/tips-running-exit-node-minimal-harassment thanks. i checked that out. i took the first step of directly contacting my ISP (Qwest) and mentioned my reasons for running the exit router, as well as links to the documents mentioned in the first step. below is the representative's response. although it is riddled with misconceptions, the part referring to section 7 of the service agreement seems relevant. suggestions? Dmca violations are treated seriously by Qwest and if they continue you will lose your DSL service. You mentioned you were operating a Tor exit router which normally is used for the purpose of hiding ip addresses. If you are allowing people on the internet to hide their ip addresses by routing through your DSL Tor exit router, then you are violating your DSL service agreement with Qwest. You can find the Qwest DSL service agreement at http://www.qwest.com/legal/highspeedinternetsubscriberagreement. Under 7. Service Conditions it state that your residential DSL service is only for the use of your pcs within your home. You cannot allow others, outside your house, to use it for the purpose of hiding their ip addresses. You also are responsible for any harmful or illegal traffic that comes from your DSL modem. The fact that your Tor service is a configured to block the most common ports associated with abuse does not release you from this responsibility. If you are charging money for the use of the Tor service then you are violating the terms of both your residential phone service and your residential DSL service with Qwest as you are not allowed to use either for running a business. I guess we can add Qwest to the list of shitty ISP's. Clueless like the rest of them. *** To unsubscribe, send an e-mail to majord...@torproject.org with unsubscribe or-talkin the body. http://archives.seul.org/or/talk/
Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints
Hrmm. You probably shouldn't be running an exit router on your home Internet connection, either. To my knowledge, no one has ever had their door kicked in in the USA for running an exit router, but there have been phone calls and visits. In other countries, people have had all of their computing equipment seized, and in rare cases, have had charges brought against them for copyrighted or other material found that was completely unrelated to Tor. It's best to keep your home connection running as middle or bridge only, unless you are fully prepared for the risks of increased attention to your home. Thus spake scar (s...@drigon.com): Dmca violations are treated seriously by Qwest and if they continue you will lose your DSL service. You mentioned you were operating a Tor exit router which normally is used for the purpose of hiding ip addresses. If you are allowing people on the internet to hide their ip addresses by routing through your DSL Tor exit router, then you are violating your DSL service agreement with Qwest. You can find the Qwest DSL service agreement at http://www.qwest.com/legal/highspeedinternetsubscriberagreement. Under 7. Service Conditions it state that your residential DSL service is only for the use of your pcs within your home. You cannot allow others, outside your house, to use it for the purpose of hiding their ip addresses. You also are responsible for any harmful or illegal traffic that comes from your DSL modem. The fact that your Tor service is a configured to block the most common ports associated with abuse does not release you from this responsibility. If you are charging money for the use of the Tor service then you are violating the terms of both your residential phone service and your residential DSL service with Qwest as you are not allowed to use either for running a business. -BEGIN PGP SIGNATURE- iEYEAREIAAYFAk0M+34ACgkQXhfCJNu98qBphwCfQzABR7l1WlvWVPHx26RQUBYL FeEAoPZdlpdemE4Otc10qOpI7yLcxg9F =X4Nf -END PGP SIGNATURE- *** To unsubscribe, send an e-mail to majord...@torproject.org with unsubscribe or-talkin the body. http://archives.seul.org/or/talk/ -- Mike Perry Mad Computer Scientist fscked.org evil labs pgprwSitlCH8x.pgp Description: PGP signature
Re: Fwd: Re: DMCA Infringement Notification: Copies of 14 complaints
Mostly off-topic, except in regard to a possible defense for Tor relays/users in the event any go that far. I'm amazed they are able to lodge cases based on what appear to be BT scrapes of BT announcements. Certainly your announcement could be just that, metadata only. And your file could be /dev/zero. And you could be using a client that skipped integrity checks when announcing and serving. All for research and the lol's of course. Have they ever entered court with actual packets served up by the user? Preferably backed by some form of third party chain of evidence? From any network, not just BT? Because if that's not the case and all they're doing is scraping, there would seem to be quite a bit of reasonable doubt available that could help yield an easy out for any defendant. *** To unsubscribe, send an e-mail to majord...@torproject.org with unsubscribe or-talkin the body. http://archives.seul.org/or/talk/
