跑Tor，收到DMCA Complaint - 全球主机交流论坛

Hello.
We have received a DMCA, regarding material on this server. I have included it, below.
Please review the accusation and contact us, within 24 hours, to let us know when you have taken the cited material offline.
Be advised that, under the DMCA, a counter notification may be filed. A valid counter notification will allow the material to be reactivated. More information on this may be found at:
http://www.copyright.gov/legislation/dmca.pdf
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Tuesday, March 02, 2010
Network Operations Center Inc.
P.O. Box 591
Scranton, PA 18501-0591 US
RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled
Sherlock Holmes
Dear Abuse Department
:We are writing this letter on behalf of Warner Bros. Entertainment Inc. ("Warner Bros.").
We have received information that an individual has utilized the below-referenced IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a "peer-to-peer" service, including such title(s) as
: Sherlock Holmes
The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
Since you own this IP address (173.212.XXX.XXX), we request that you immediately do the following
:1) Contact the subscriber who has engaged in the conduct described above and take steps to prevent the subscriber from further downloading or uploading Warner Bros. content without authorization; and
2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.
On behalf of Warner Bros., owner of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by Warner Bros., its respective agents, or the law.
Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owner of the exclusive rights being infringed as set forth in this notification.
Please direct any end user queries the following.
Warner Bros. Entertainment Inc.
Attn: Worldwide Anti-Piracy
4000 Warner Blvd.
Burbank, CA 91522
818.954.3091 – phone
[email protected] – email
Kindly include the Case ID 1074172006, also noted above, in the subject line of all future correspondence regarding this matter.
We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.
Respectfully,
A Kempe
Enforcement Coordinator
MediaSentry
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INFRINGEMENT DETAIL
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Infringing Work: Sherlock Holmes
First Found: 1 Mar 2010 18:59:19 EST (GMT -0500)
Last Found: 1 Mar 2010 18:59:19 EST (GMT -0500)
IP Address: 173.212.XXX.XXX
IP Port: 52353
Protocol: BitTorrent
Torrent InfoHash: 43D81E6E173E32E0A1481CAAC76ABF03C70C3770
Containing file(s)
:Sherlock Holmes DVDSCR AC3 - IMAGiNE.torrent (2,182,754,415 bytes)
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Thank you,
Abuse Department
BurstNET Technologies, Inc.
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*** We depend on our clients' assistance in these matters. Please note
that failure to promptly respond to this notice may result in service
interruption and a $50.00 fee.
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BurstNET(tm) BASIC POLICY & SERVICE GUIDELINES (AUP)
https://www.burst.net/policy/terms.shtml
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Hi.
I'm sorry for this DMCA complaint. This is caused by Tor. Since last
time I received DMCA complaint, I blocked p2p ports. But it doesn't
work all the time.
If needed, I include this formal response filled with Tor's template:
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Dear Burst.NET:
Thank you for forwarding me the notice you received from "Warner Bros.
Entertainment Inc" regarding "Sherlock Holmes". I would like to assure
you that, contrary to the assertions in the notice, 1) I am not
hosting or making available the claimed infringing materials, and 2)
you are already protected by the Digital Millennium Copyright Act's
("DMCA") safe harbor from any liability arising from this complaint.
The notice is incorrect, probably based upon misunderstandings about
law and about some of the software I run.
First, in terms of legal liability, this notice does not create any
risk for you as a service provider. As you know, the DMCA creates four
"safe harbors" for service providers to protect them from copyright
liability for the acts of their users, when the ISPs fulfill certain
requirements. (17 U.S.C. § 512) The DMCA's requirements vary depending
on the ISP's role. You may be most familiar with the "notice and
takedown" provisions of DMCA 512(c), but those apply only to content
hosted on your servers, or to linking and caching activity. The
"takedown notice" provisions do not apply when an ISP merely acts as a
conduit. Instead, the "conduit" safe harbor of DMCA 512(a) has
different and less burdensome requirements, as the D.C. Circuit Court
of Appeals held in RIAA v. Verizon (see
http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf)
and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
(see http://www.eff.org/IP/P2P/Charter/033802P.pdf).
Here, any content that came from or through my computers merely passed
through your network, so DMCA 512(a) applies. Under DMCA 512(a), you
are immune from money damages for copyright infringement claims if you
maintain "a policy that provides for termination in appropriate
circumstances of subscribers and account holders of the service
provider's system or network who are repeat infringers." If you have
and implement such a policy, you are free from fear of copyright
damages, period.
As for what makes a reasonable policy, as the law says, it's one that
only terminates subscribers who are repeat infringers. A notice
claiming infringement is not the same as a determination of
infringement. The notification you received is not proof of any
copyright infringement, and it certainly is not proof of the "repeat
infringement" that is required under the law before you need to
terminate my account. I have not infringed any copyrights and do not
intend to do so. Therefore, you continue to be protected under the
DMCA 512(a) safe harbor, without taking any further action.
You might be curious, though, about what did trigger the notice. The
software that likely triggered the faulty notice is a program I run
called Tor. Tor is network software that helps users to enhance their
privacy, security, and safety online. It does not host or make
available any content. Rather, it is part of a network of nodes on the
Internet that simply pass packets among themselves before sending them
to their destinations, just as any Internet host does. The difference
is that Tor tunnels the connections such that no hop can learn both
the source and destination of the packets, giving users protection
from nefarious snooping on network traffic. Tor protects users against
hazards such as harassment, spam, and identity theft. In fact, initial
development of Tor, including deployment of a public-use Tor network,
was a project of the U.S. Naval Research Laboratory, with funding from
ONR and DARPA. (For more on Tor, see https://www.torproject.org/.) As
an organization committed to protecting the privacy of its customers,
I hope you'll agree that this is a valuable technology.
Thank you for working with me on this matter. As a loyal subscriber, I
appreciate your notifying me of this issue and hope that the complete
protections of DMCA 512 put any concerns you may have at rest. If not,
please contact me with any further questions.
Very truly yours,
Your customer.
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Jamey B. has responded to your ticket.
Please preserve the subject line. This is important.
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(Jamey B.)
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While we understand that the DMCA's regarding torrents are normally tracked to the vpn, and the server is not actually hosting nor linking to the content we do have a few questions about the vpn usage.
Do this server require authentication for each user on the vpn?
If so and you continue to get dmca's for a specific client on your vpn can you track them down and terminate them if need be?
Thank You,
Jamey B.
Systems Administration Support
Burstnet Technologies Inc.

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No. I'm not running VPN. As far as I understand, normally bittorrent clients don't support downloading over SOCKS5 proxy (Tor is a SOCKS5 proxy). But using applications like 'sockscap' can tunnel your application network though SOCKS5 proxy. I'm not sure how DMCA discover these activities, but yes, anonymous proxy is sometimes involved in these cases.
Please follow this link from Tor project about DMCA written by EFF:
http://www.torproject.org/eff/tor-dmca-response.html.en
I thought Tor is a very common software that runs in your datacenter. Even in Tor's relay map, I can several Tor servers with IP addresses assigned to your datacenter, for example: 173.212.232.194.
I've temporarily shut down Tor until this issue is solved.
If you (burst.net) are uncomfortable with anonymous proxys like 'tor', please tell me so I'll shut it down. I just don't want to waste my bandwidth.

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