[Fwd: ESA Foreign Notice (fwd)]

[xiando]

Hello,
> i am the operator of a tor server located in austria:
>
> today my isp forwarded a copyright compliance from the 'Entertainment
> Software Association' (ESA). the claim is attached below. the ESA refers
> to the 'Berne Convention and other international treaties covering
> intellectual property rights'.
>
> has anyone experience with such copyright compliance?
> i found a response letter refering to US law:
> <http://www.torproject.org/eff/tor-dmca-response.html.en>
>
> is there a similar letter available wich is suitable for
> european/austrian law?

You should call your ISP and get in touch with the person responsible for 
forwarding the 'Entertainment Software Association' (ESA) spam e-mail to you.

Explain to this person what Tor is and how Tor works and then explain that you 
got the ESA spam because someone who was using Tor through your box did 
something bad. Tell them about the Tor website. And ask them to clarify their 
position on Tor servers on their network and explain that there is a public 
web page where ISPs position is listed and that their response will be 
publicly available on a mailing list.

If laws in Austria is anything like EU-country Sweden then you have absolutely 
nothing to fear from the laws of the land. You do, however, now have a issue 
with your ISP.

Something you should consider: I got numerous DMCA spam complains like the one 
you got from ESA when I allowed exiting on four US Tor-servers at a big ISP 
there. They finally told me that all these complaints caused too much work 
and that they would charge me by the hour for work related to all the 
complains caused by Tor-users. The US law - and very much likely laws in 
Austria also - do not give you any reason to worry about ESA spam. Your ISP, 
however, may choose to cut you off or charge you extra or something like that 
because they get such spam. You should make an effort to get a dialog with 
your ISP regarding the ESA spam. They can choose to say that they do not want 
you as a customer for any reason, including ESA spam, or ask you to pay extra 
for spam-related work, etc.

Be polite.

And don't worry, the worst that can happen is that you have to find another 
ISP.
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