跑Tor，收到DMCA Complaint

ccp

From Burst.NET:

1. Hello.
   
2. 
   
3. We have received a DMCA, regarding material on this server.  I have included it, below.
   
4. 
   
5. Please review the accusation and contact us, within 24 hours, to let us know when you have taken the cited  material offline.
   
6. 
   
7. 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:
   
8. 
   
9. http://www.copyright.gov/legislation/dmca.pdf
   
10. 
    
11. -----------------------------------------------------------------------
    
12. 
    
13. Tuesday, March 02, 2010
    
14. 
    
15. 
    
16. Network Operations Center Inc.
    
17. P.O. Box 591
    
18. Scranton, PA 18501-0591 US
    
19. 
    
20. 
    
21. 
    
22. RE: Unauthorized Distribution of the Copyrighted Motion Picture Entitled
    
23. Sherlock Holmes
    
24. 
    
25. 
    
26. Dear Abuse Department
    
27. 
    
28. :We are writing this letter on behalf of Warner Bros. Entertainment Inc. ("Warner Bros.").
    
29. 
    
30. 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
    
31. 
    
32. : Sherlock Holmes
    
33. 
    
34. 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.
    
35. 
    
36. Since you own this IP address (173.212.XXX.XXX), we request that you immediately do the following
    
37. 
    
38. :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
    
39. 
    
40. 2) Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.
    
41. 
    
42. 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.
    
43. 
    
44. 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.
    
45. 
    
46. Please direct any end user queries the following.
    
47. 
    
48. Warner Bros. Entertainment Inc.
    
49. Attn: Worldwide Anti-Piracy
    
50. 4000 Warner Blvd.
    
51. Burbank, CA 91522
    
52. 818.954.3091 – phone
    
53. [email protected] – email
    
54. 
    
55. 
    
56. Kindly include the Case ID 1074172006, also noted above, in the subject line of all future correspondence regarding this matter.
    
57. 
    
58. We appreciate your assistance and thank you for your cooperation in this matter. Your prompt response is requested.
    
59. 
    
60. Respectfully,
    
61. 
    
62. A Kempe
    
63. Enforcement Coordinator
    
64. MediaSentry
    
65. 
    
66. 
    
67. 
    
68. ------------------------------
    
69. 
    
70. INFRINGEMENT DETAIL
    
71. --------------------
    
72. 
    
73. Infringing Work: Sherlock Holmes
    
74. First Found: 1 Mar 2010 18:59:19 EST (GMT -0500)
    
75. Last Found: 1 Mar 2010 18:59:19 EST (GMT -0500)
    
76. IP Address: 173.212.XXX.XXX
    
77. IP Port: 52353
    
78. Protocol: BitTorrent
    
79. Torrent InfoHash: 43D81E6E173E32E0A1481CAAC76ABF03C70C3770
    
80. Containing file(s)
    
81. :Sherlock Holmes DVDSCR AC3 - IMAGiNE.torrent (2,182,754,415 bytes)
    
82. 
    
83. -----------------------------------------------------------------------
    
84. 
    
85. Thank you,
    
86. Abuse Department
    
87. BurstNET Technologies, Inc.
    
88. 
    
89. -----------------------------------------------------------------------
    
90. *** We depend on our clients' assistance in these matters.  Please note
    
91. that failure to promptly respond to this notice may result in service
    
92. interruption and a $50.00 fee.
    
93. -----------------------------------------------------------------------
    
94. BurstNET(tm) BASIC POLICY & SERVICE GUIDELINES (AUP)
    
95. https://www.burst.net/policy/terms.shtml
    
96. -----------------------------------------------------------------------

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然后回复：

1. Hi.
   
2. 
   
3. I'm sorry for this DMCA complaint. This is caused by Tor. Since last
   
4. time I received DMCA complaint, I blocked p2p ports. But it doesn't
   
5. work all the time.
   
6. If needed, I include this formal response filled with Tor's template:
   
7. 
   
8. -----------------------------------------------------------------------
   
9. Dear Burst.NET:
   
10. 
    
11. Thank you for forwarding me the notice you received from "Warner Bros.
    
12. Entertainment Inc" regarding "Sherlock Holmes". I would like to assure
    
13. you that, contrary to the assertions in the notice, 1) I am not
    
14. hosting or making available the claimed infringing materials, and 2)
    
15. you are already protected by the Digital Millennium Copyright Act's
    
16. ("DMCA") safe harbor from any liability arising from this complaint.
    
17. The notice is incorrect, probably based upon misunderstandings about
    
18. law and about some of the software I run.
    
19. 
    
20. First, in terms of legal liability, this notice does not create any
    
21. risk for you as a service provider. As you know, the DMCA creates four
    
22. "safe harbors" for service providers to protect them from copyright
    
23. liability for the acts of their users, when the ISPs fulfill certain
    
24. requirements. (17 U.S.C. § 512) The DMCA's requirements vary depending
    
25. on the ISP's role. You may be most familiar with the "notice and
    
26. takedown" provisions of DMCA 512(c), but those apply only to content
    
27. hosted on your servers, or to linking and caching activity. The
    
28. "takedown notice" provisions do not apply when an ISP merely acts as a
    
29. conduit. Instead, the "conduit" safe harbor of DMCA 512(a) has
    
30. different and less burdensome requirements, as the D.C. Circuit Court
    
31. of Appeals held in RIAA v. Verizon (see
    
32. http://www.eff.org/legal/cases/RIAA_v_Verizon/opinion-20031219.pdf)
    
33. and the Eighth Circuit Court of Appeals confirmed in RIAA v. Charter
    
34. (see http://www.eff.org/IP/P2P/Charter/033802P.pdf).
    
35. 
    
36. Here, any content that came from or through my computers merely passed
    
37. through your network, so DMCA 512(a) applies. Under DMCA 512(a), you
    
38. are immune from money damages for copyright infringement claims if you
    
39. maintain "a policy that provides for termination in appropriate
    
40. circumstances of subscribers and account holders of the service
    
41. provider's system or network who are repeat infringers." If you have
    
42. and implement such a policy, you are free from fear of copyright
    
43. damages, period.
    
44. 
    
45. As for what makes a reasonable policy, as the law says, it's one that
    
46. only terminates subscribers who are repeat infringers. A notice
    
47. claiming infringement is not the same as a determination of
    
48. infringement. The notification you received is not proof of any
    
49. copyright infringement, and it certainly is not proof of the "repeat
    
50. infringement" that is required under the law before you need to
    
51. terminate my account. I have not infringed any copyrights and do not
    
52. intend to do so. Therefore, you continue to be protected under the
    
53. DMCA 512(a) safe harbor, without taking any further action.
    
54. 
    
55. You might be curious, though, about what did trigger the notice. The
    
56. software that likely triggered the faulty notice is a program I run
    
57. called Tor. Tor is network software that helps users to enhance their
    
58. privacy, security, and safety online. It does not host or make
    
59. available any content. Rather, it is part of a network of nodes on the
    
60. Internet that simply pass packets among themselves before sending them
    
61. to their destinations, just as any Internet host does. The difference
    
62. is that Tor tunnels the connections such that no hop can learn both
    
63. the source and destination of the packets, giving users protection
    
64. from nefarious snooping on network traffic. Tor protects users against
    
65. hazards such as harassment, spam, and identity theft. In fact, initial
    
66. development of Tor, including deployment of a public-use Tor network,
    
67. was a project of the U.S. Naval Research Laboratory, with funding from
    
68. ONR and DARPA. (For more on Tor, see https://www.torproject.org/.) As
    
69. an organization committed to protecting the privacy of its customers,
    
70. I hope you'll agree that this is a valuable technology.
    
71. 
    
72. Thank you for working with me on this matter. As a loyal subscriber, I
    
73. appreciate your notifying me of this issue and hope that the complete
    
74. protections of DMCA 512 put any concerns you may have at rest. If not,
    
75. please contact me with any further questions.
    
76. 
    
77. Very truly yours,
    
78. Your customer.
    
79. -----------------------------------------------------------------------

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应该就没有问题了吧。。


其实我后来想了想ISP才不会检查你是不是在跑tor（尤其burstnet），所以有dmca complaint直接回复说你在跑tor relay就可以了。。

[ 本帖最后由 ccp 于 2010-3-3 13:28 编辑 ]

cpuer

美国的网络监视很强大的。

vaman

英文好棒
打错字了

[ 本帖最后由 vaman 于 2010-3-3 15:27 编辑 ]

dream26

一般刪除..就沒有問題了.

ccp

继续更新。

BURST

1. Jamey B. has responded to your ticket.
   
2. 
   
3. Please preserve the subject line. This is important.
   
4. 
   
5. -----------------------------------------------
   
6. (Jamey B.)
   
7. -----------------------------------------------
   
8. 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.
   
9. 
   
10. Do this server require authentication for each user on the vpn?
    
11. 
    
12. 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?
    
13. 
    
14. 
    
15. Thank You,
    
16. Jamey B.
    
17. Systems Administration Support
    
18. Burstnet Technologies Inc.

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REPLY:

1. 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.
   
2. 
   
3. Please follow this link from Tor project about DMCA written by EFF:
   
4. http://www.torproject.org/eff/tor-dmca-response.html.en
   
5. 
   
6. 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.
   
7. 
   
8. I've temporarily shut down Tor until this issue is solved.
   
9. 
   
10. 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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Neta

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.

ccp

看RP了。就怕他发现我自己在下bt。虽然这个DMCA不是关于我下的bt种子。

ccp

以后把exitpolicy干脆只保留80。