What am I doing wrong? - if anything

[Sven Olaf Kamphuis]

those dmca crap notices are nothing but spam under eu regulations and 
should be treated as such, maybe even prosecuted.

firms like mediasentry, websherrif, ruprotect, ipr-global, kmwlaw and 
wwecorp spam in an automated fashion, some even employ callcenters in 
india to bug people with their crap.

maybe they have not noticed, but this here is "europe" and here sending 
unsollicated commercial email happens to be illegal, more illegal than 3rd 
parties possibly distributing something they may or may not have a license 
for over our networks. and yes, them trying to "fix" their business model 
by attempting to keep control over information they already made public 
(which part of "to publicize' didn't they get) by means of bugging other 
people (carriers) afterwards is both "bulk" "commercial" "unsollicited" 
and "email" :P.

we, as a carrier, are severly considering steps against such firms to 
recoup our losses in wasted manhours.

if they claim something is illegal, they can go to court or to the police, 
not try to make other people waste their time on it.

my time is worth more than the 
picture-of-a-spilder-they-value-at-10-kazillion-dollars.

besides, you -could- just limit your tor exit to the "common ports" 
(http/https/telnet/ssh/etc) whcih would limit the number of people let's 
say, seeding torrents over it, which is what we did, not to stop the 
abusemail, as seing that we route the piratebay, i already wipe my ass 
with those, but to prevent people from wasting tor network capacity on 
something that in itself isn't anonymous anyway (torrent clients include 
their own ip in the protocol anyway).

there is ofcourse a pretty good chance that it is the mpaa/riaa members 
themselves again, abusing network capacity to promote their own shit, as 
who in his right mind would seed torrents over tor anyway.

as for the forementioned companies, they don't even get replies anymore 
anyway, we have explained the concept of 'tor' to them once, and that 
should be it, with any further questions they are free to try to explain 
to a court why their customers refrain from keeping control over something 
they clearly want to keep control over, and then try to make others fix 
that problem for them, we are not here to clean up their messy business 
model for them.

if they want people to watch their crap only with their approval, they are 
free to design dedicated propriatory hardware or whatever, but first 
makign something public and then complaining that it now is public and 
that carriers should fix the problem for them isn't gonna fly.

how about we simply buy their shares and shut them down, would be a good 
thing if the internet would unite against these idiots.
(disney and paramount first please ;)


<penpen> C3P0, der elektrische Westerwelle


On Thu, 8 Apr 2010, Lyndsay Roger wrote:

> Thanks for the reply Andrew.
>
> I will keep sending off the same response to abuse/DMCA notices and we
> will see how things go. It is good to know I am on the right path - I
> come from a technical background and do not have much experience in
> legal areas.
>
>
>
>
> On 8 April 2010 13:59, Andrew Lewman <andrew at torproject.org> wrote:
>> On 04/07/2010 07:56 AM, Lyndsay Roger wrote:
>>> A few months ago I set up a tor node on a dedicated server in the UK.
>>> I left it running as a relay node for a few weeks and then opened it
>>> up as an exit node but only for a few restricted ports like web, pop
>>> and imap.
>>
>> Great.  Thanks for running nodes!
>>
>>> What I was wondering was - is this what the future holds? Get an abuse
>>> report, send a reply and wait for the next. I looked through the email
>>> archives and I have seen that some people have had worse. I guess it
>>> depends on the company you are working with and how much they will put
>>> up with.
>>
>> Some people are unlucky and seem to get more abuse complaints than
>> others.  I ran one node for years and never received complaints.  And
>> then I ran a node recently and received 1 DMCA complaint a day.  After
>> two weeks of this, I talked to some manager at the ISP. I explained Tor,
>> that I'm going to respond to each one with a template, and I'm going to
>> automate the whole thing.  They were fine with it, as they just wanted
>> to know that I was aware and had a response.
>>
>> It seems silly to automate responses to automated accusations, but so be
>> it.  Fixing the core problem of the false accusations and the weight
>> ISPs give to these false accusations is longer problem to tackle; and
>> one I couldn't automate.
>>
>>> Also do I just reply to the hosting company who forwarded me the
>>> abuse/DMCA report or do I have to contact the abuse reporter.
>>
>> You should reply to the hosting company.   In fact, you may just want to
>> talk/email the support manager and explain what you're doing.
>>
>>> The US
>>> company said I should file a DMCA Counter claim and work it out with
>>> the person filing the DMCA claim.
>>
>> I believe the dmca counter claim advice to be incorrect.  The dmca claim
>> is generally used for getting content re-instated after a takedown.
>> However, I'm not a lawyer.  Perhaps any lawyers on this list can respond.
>>
>> --
>> Andrew Lewman
>> The Tor Project
>> pgp 0x31B0974B
>>
>> Website: https://www.torproject.org/
>> Blog: https://blog.torproject.org/
>> Identi.ca: torproject
>>
>