[Fwd: ESA Foreign Notice (fwd)]
xiando at xiando.com
Mon Apr 28 18:51:15 UTC 2008
> 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:
> 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.
And don't worry, the worst that can happen is that you have to find another
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