TOS Violation - DMCA Complaint

[Ted Smith]

See http://www.torproject.org/eff/tor-dmca-response.html.en , and
http://www.torproject.org/eff/tor-legal-faq.html.en#DMCA . You should
contact the EFF if you need legal help. Note also that your ISP might
have terms against "running servers" in your TOS, and so you might end
up getting told to shut down your Tor node or getting disconnected.

On Sat, 2008-12-27 at 19:57 +0100, slush wrote:
> Hi,
> 
> today I receive message from my internet provider:
> ============
> 
> We have received a complaint in connection with the below-pasted
> details from HBO regarding materials contained in the specified web
> site that are infringing upon the claimant's intellectual property
> rights.
> 
> We are required by federal law to act expeditiously in removing or
> disabling access to the infringing materials. We therefore strongly
> recommend that you immediately remove the infringing materials.
> 
> Please note that under the Digital Millennium Copyright Act, you have
> the right to file a "counter-notice" claiming that either (a) the
> Claimant is wrong and that the Infringing Material is lawfully posted
> on the Web Site or (b) that the Infringing Material has been
> misidentified. We encourage you to review the procedures for filing a
> counter-notice which you can send back to us.
> 
> Please note that Linode has only passed on the the Claimant's notice
> and has not sought to determine whether the Infringing Materials on
> the Web Site do indeed infringe upon the Claimant's intellectual
> property rights.
> 
> --------------------------------------
> 
> Infringing Work: True Blood
> First Found: 23 Dec 2008 01:07:20 EST (GMT -0500)
> Last Found: 23 Dec 2008 01:07:20 EST (GMT -0500)
> IP Address: xxxxx
> Protocol: BitTorrent
> Torrent InfoHash: 38FD5A67F34ACC3DFCC800779DA0C15F512343AF
> Containing file(s):
> True.Blood.S01E01.HDTV.XviD-0TV.avi.torrent (577,450,090 bytes)
> 
> =============
> 
> I dont know, what I exactly should do, because I like running Tor exit
> node.
> 
> My response to provider was in mind of "Tor client cannot act as
> server, so it is technically impossible to share bittorent thru Tor".
> This record above about sharing is probably from any bittorent
> tracker, because if any client will try to connect my server with
> bittorent protocol, it will fail.
> 
> I wrote to provider, that I stopped my Tor node until it will be
> clear, but I need any help from you, if there is any good practice.
> 
> Thanks,
> Marek
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