copyright abuse through tor

[Jirka Svoboda]

Well.. the Czech government passed a law which is called "on certain 
services of information society" (in Czech of course :) and has a very 
similar text to the Directive, in 2004. However dont know if it was an 
obligation.

Greetings, J. Svoboda


Attac Heidenheim napsal(a):
> Hallo,
> this EU-directive really sounds like beeing written just for Tor-Nodes !
> But the question for me is: Are the EU-countries forced to implement 
> ("harmonize") those directives (its from the year 2000 and I've never heard of 
> it) ?
> Or is it just a "wish" like human rights, and the EU-mebers can do whatever 
> they want (see France with HADOPI etc, the Stockholm program, ....) ?
> 
> Greetings,
> Niklas
> 
> 
> Am Montag 03 August 2009 04:45:23 schrieb Scott Bennett:
>>      On Sun, 02 Aug 2009 20:27:21 +0200 Jirka Svoboda <rust7 at seznam.cz>
>>
>> wrote:
>>> In time past I have riceived some infringement notices so I have already
>>> done some research into legal status of proxies.
>>>
>>> To my knowledge, the most significant document to this topic is the
>>> Directive of the Council 2000/31/EC "on certain legal aspects of
>>> information society services", which states explicitly in article 12:
>>>
>>> quote
>>>
>>> 1. Where an information society service is provided that consists of the
>>> transmission in a communication network of information provided by a
>>> recipient of the service, or the provision of access to a communication
>>> network, Member States shall ensure that the service provider is not
>>> liable for the information transmitted, on condition that the provider:
>>> (a) does not initiate the transmission;
>>> (b) does not select the receiver of the transmission; and
>>> (c) does not select or modify the information contained in the
>>> transmission.
>>>
>>> /quote
>>      This is very interesting.  I wonder what constitutes "an information
>> society" and "an information society service" in the legal senses used
>> above.
>>
>>> Please note that initiation of transmission is not that your computer
>>> initiated some port, it is a "willful act" of the initiator, i.e. that
>>> someone "presses enter" after writing in the address bar.
>>>
>>> Member states should (are obliged?) to follow this directive in their
>>> legal systems.
>>>
>>> I live in the Czech Republic and after explaining tor and referencing
>>> this Directive, nobody bothered me any further!
>>>
>>> Wishing best luck. Please let us know what is your situation look like.
>>> And dont let yourself get bullied, I'm 99,999% sure you are not liable.
>>> What about free wifis in pubs, libraries etc? Is the librarian a
>>> criminal? It is a nonsense.
>>>
>>> Also, dont forget to mention that you do it for Chinese and Iranian
>>> dissidents ;)
>>      Unless one also lives under a government that dislikes dissent and
>> dissidents, of course. :-)  China and Iran are, unfortunately, not the
>> only ones.
>>
>>
>>                                   Scott Bennett, Comm. ASMELG, CFIAG
>> **********************************************************************
>> * Internet:       bennett at cs.niu.edu                              *
>> *--------------------------------------------------------------------*
>> * "A well regulated and disciplined militia, is at all times a good  *
>> * objection to the introduction of that bane of all free governments *
>> * -- a standing army."                                               *
>> *    -- Gov. John Hancock, New York Journal, 28 January 1790         *
>> **********************************************************************
>